First National Bank v. Comfort
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Hughes county. The facts necessary to an understanding of the points decided are stated in the opinion. We do not say but that the evidence taken as a whole strongly tends to prove that there was a tacit understanding in regard to a reserved power of sale of the goods in the mortgagor, but the evidence on this point we think is not of such a character as to justify the action of the court in withdrawing the question from the jury.
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Appeal from the district court of Hughes county. The facts necessary to an understanding of the points decided are stated in the opinion. We do not say but that the evidence taken as a whole strongly tends to prove that there was a tacit understanding in regard to a reserved power of sale of the goods in the mortgagor, but the evidence on this point we think is not of such a character as to justify the action of the court in withdrawing the question from the jury. We claim however, that under the laws of Dakota a chattel mortgage of merchandise which reserves the power of sale and disposition…
1Opinion of the CourtL. K. Church, J.
This action was brought to recover damages for the alleged conversion of certain personal property claimed by the plaintiff, and which the defendant, as sheriff of Hughes county, seized under sundry warrants of attachment against the property of MacMahon & Co. The firm of MacMahon & Co., doing business at Pierre, consisted of *170John MacMahon and Kate MacMahon, his wife; and the firm of Young, MacMahon & Co., of Blunt, and Gotlieb, MacMahon & Co., of Fort Pierre, were branch establishments of MacMahon & Co. On the tenth day of July, 1883, MacMahon & Co., then being financially embarrassed, and…
Also in this document: Dissent.
2Cases cited7 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Pleasants v. FantSupreme Court of the United States · 1875
- Lukins v. AirdSupreme Court of the United States · 1867
- Herbert v. ButlerSupreme Court of the United States · 1878
- Mason v. SargentSupreme Court of the United States · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lane v. StarrSouth Dakota Supreme Court · 1890
- Newell v. WagnessNorth Dakota Supreme Court · 1890
- In re GeiverDistrict Court, D. South Dakota · 1912
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
- Flugel v. HenschelNorth Dakota Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.