Tolerton & Stetson Co. v. Casperson
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action in attachment. From an order dissolving an attache ment, plaintiff appeals. Tbe facts are stated in tbe opinion. A chattel mortgage is fraudulent as to creditors when there is an agreement between tbe parties that tbe mortgagor may use and dispose of tbe mortgaged goods in tbe usual course of trade. First National v. Cqipifort, 28 N. W. 855; Greeley v. Winsor, 2 S. D., 361; Anderson y.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action in attachment. From an order dissolving an attache ment, plaintiff appeals. Tbe facts are stated in tbe opinion. A chattel mortgage is fraudulent as to creditors when there is an agreement between tbe parties that tbe mortgagor may use and dispose of tbe mortgaged goods in tbe usual course of trade. First National v. Cqipifort, 28 N. W. 855; Greeley v. Winsor, 2 S. D., 361; Anderson y. Patterson, 25 N, W 541; Wile v. Butler, 34 Pac. 1110; Aikin v. Pascoll, 24 Pac. 1039; Buford v. McPhorter, 21 Pac. 86. A fraudulent…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order discharging an attachment. There are two preliminary motions — one on the part of the appellant, and one on the part of the respondent— necessary to be determined.
The motion of the appellant is to strike out the respondent’s additional abstract, for the reason that such abstract “is not a further or additional abstract, showing matters necessary to a full understanding of the questions presented, but is simply a printed motion, under the guise of an abstract, to strike out certain parts of appellant’s abstract.” In the appellant’s abstract appear copies of a…
2Cases cited5 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Croft v. BunsterWisconsin Supreme Court · 1859
- Barney v. SchmeiderSupreme Court of the United States · 1870
- Falk v. GoldbergWisconsin Supreme Court · 1878
- Quebec Bank v. CarrollSouth Dakota Supreme Court · 1890
3Cited by12 opinions
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948
- Reichert v. ReichertSouth Dakota Supreme Court · 1958
- Sutton v. Consolidated Apex Min. Co.South Dakota Supreme Court · 1902
- Chleboun v. VarilekSouth Dakota Supreme Court · 1965
- Mather v. DarstSouth Dakota Supreme Court · 1899
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