Legal Opinion

Cushing v. Seymour, Sabin & Co.

Supreme Court of Minnesota

Decided March 13, 1883PublishedCited by 29 opinions

Plaintiffs, tbe owners and mortgagors of the threshing-machine mentioned in the opinion, brought this action in the district court for Hennepin county to recover damages for the alleged conversion of the threshing-machine by defendant, the mortgagee.

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Plaintiffs, tbe owners and mortgagors of the threshing-machine mentioned in the opinion, brought this action in the district court for Hennepin county to recover damages for the alleged conversion of the threshing-machine by defendant, the mortgagee. The action was tried before Lochren, J., and a jury, who returned a verdict in which they found specially for the plaintiffs (1) for the value of the machine at the time of the conversion, the sum of $350; (2) that plaintiffs, in August, 1880, in ignorance of the seizure and conversion by defendant, incurred expenses in going with men and teams…

1Opinion of the Court

Berry, J.*

Plaintiffs purchased of defendant (a corporation) a ■threshing-machine, belts, and fixtures, for $50 down, and their four motes for $500, in the aggregate, secured by a chattel mortgage of the purchased property. The mortgage contained the customary provisions for seizure and sale, upon default in paying the notes when <due. It also provided that in case the mortgagee should at any time, having just cause therefor, “deem itself unsafe,” it should be lawful for-it to take possession of the mortgaged property and sell it, etc. The defendant seized the machine, and some of the belts…

2Cases cited13 opinions

  1. Griffin v. . ColverNew York Court of Appeals · 1858
  2. Chapman v. KirbyIllinois Supreme Court · 1868
  3. Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
  4. Goebel v. HoughSupreme Court of Minnesota · 1879
  5. Russell v. ButterfieldNew York Supreme Court · 1839

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
  2. Bloomquist v. First National Bank of Elk RiverCourt of Appeals of Minnesota · 1985
  3. Simons v. Brashears Transfer and StorageSupreme Court of Oklahoma · 1959
  4. Springer v. JenkinsOregon Supreme Court · 1906
  5. Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896

24 more not listed; retrieve them via the Exa API.

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