Amort v. Christofferson
Supreme Court of Minnesota
Appeal by defendant, Hans Christofferson, from an order of the District Court of Marshall County, Frank Ives, J., made January 29, 1894, denying his motion for a new trial. On April 27, 1891, the plaintiff, Felix Amort, sold and delivered to Tom Kieley one hundred and fifty bushels of seed wheat at $1.10 per bushel and took his note for the amount $105 due October 1, 1891, bearing ten per cent interest until paid.
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Appeal by defendant, Hans Christofferson, from an order of the District Court of Marshall County, Frank Ives, J., made January 29, 1894, denying his motion for a new trial. On April 27, 1891, the plaintiff, Felix Amort, sold and delivered to Tom Kieley one hundred and fifty bushels of seed wheat at $1.10 per bushel and took his note for the amount $105 due October 1, 1891, bearing ten per cent interest until paid. The note also recited that it was given for seed wheat to be sown on southwest quarter of Section two (2), T. 157, E. 50, in the Town of Big Woods, Marshall County, and in other…
1Opinion of the CourtCoulins, J.
While we are obliged to concede that, on the evidence, this was a very close case, we are of the opinion that the verdict cannot be disturbed. Defendant held a mortgage upon a crop yet to be grown, in the season of 1891, by one Kieley, and from the testimony it seems that he, as well as the plaintiff, who knew of the mortgage, supposed it would be a first lien, and would have priority over a seed-grain note given, under the statute, for the seed* from which the crop was to be raised. Kieley applied to plaintiff for seed,.but the latter refused to give him credit, and thereupon, according to…
2Cases cited3 opinions
- Grant v. WolfSupreme Court of Minnesota · 1885
- Kelly v. Minneapolis CitySupreme Court of Minnesota · 1894
- Cole v. HutchinsonSupreme Court of Minnesota · 1886
3Cited by4 opinions
- Kelly v. Minneapolis CitySupreme Court of Minnesota · 1894
- Trulock v. BlairSupreme Court of Oklahoma · 1899
- West v. GraingerSupreme Court of Florida · 1903
- Mitchell Feed & Seed, Inc. v. MitchellCourt of Appeals of Minnesota · 1987