Flower v. Cornish
Supreme Court of Minnesota
On November 5, 1874, one F. A. Taylor, a retail bookseller, made a chattel mortgage of his stock of goods to the plaintiff .and one Hawkins, to secure certain promissory notes. On February 15, 1875, Taylor made a general assignment, for the benefit of his creditors, to the defendant, who took possession of the stock, which had remained in Taylor’s possession ever since the giving of the mortgage.
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On November 5, 1874, one F. A. Taylor, a retail bookseller, made a chattel mortgage of his stock of goods to the plaintiff .and one Hawkins, to secure certain promissory notes. On February 15, 1875, Taylor made a general assignment, for the benefit of his creditors, to the defendant, who took possession of the stock, which had remained in Taylor’s possession ever since the giving of the mortgage. This action was brought in the district court for Eamsey county j to establish the claim of plaintiff, as owner of the mortgage and the mortgage debt, to the proceeds of a portion of the mortgaged…
1Opinion of the CourtCornell, J.
The rights of the defendant in respect to the property in controversy are those of a voluntary assignee, holding under a written general assignment in trust for the benefit of creditors, unaffected by any statute in force at the time of its execution. None of the rights which he has thus acquired can be enlarged, abridged or altered by any subsequent legislation, for, under the constitution, no one can *474be deprived of property or any interest therein, except by “due process of law.” So far, therefore, as any question here-is concerned, the act of March 2, 1877, (Laws 1877, c. 142; Gen. St.…
2Cases cited5 opinions
- Brownell v. CurtisNew York Court of Chancery · 1843
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Leach v. KelseyNew York Supreme Court · 1849
- Browning v. HartNew York Supreme Court · 1849
- Lion ex dem. Eden & Wood v. BurtisNew York Supreme Court · 1821
3Cited by10 opinions
- Bouton v. DementIllinois Supreme Court · 1887
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Housel v. CremerNebraska Supreme Court · 1882
- Schaller v. WrightSupreme Court of Iowa · 1886
- A. Einstein's Sons v. ShouseSupreme Court of Florida · 1888
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