Monthly Instalment Loan Co. v. Skellet Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis for the immediate restitution of certain chattels or for $58, the value thereof.
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Action in the municipal court of Minneapolis for the immediate restitution of certain chattels or for $58, the value thereof. The answer set up a lien of defendant as warehouseman, under E. L. 1905, §§ 3521, 3522, for the sum of $39. The case was tried upon stipulated facts before Montgomery, J., who made findings that defendant was entitled to retain possession of the property under its claim of a possessory lien thereon for its just and reasonable charges for the transporting, storage and care, of the property. From an order denying plaintiff’s motion for a new trial, it appealed.
1Opinion of the Court
Dibell, O.
This is an action of replevin by the plaintiff, a chattel mortgagee, to recover possession of the mortgaged property from the defendant who had transported it and stored it at the request of the mortgagor in legal possession, and who claimed a lien for transportation and *145storage charges. There were findings for the defendant and the plaintiff appeals from the order denying his motion for a new trial.
The chattel mortgage covered certain household furniture located in Minneapolis. It was made in August, 1910, and forthwith filed so as to give constructive notice. In September, 1910,…
2Cases cited10 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Case v. AllenSupreme Court of Arkansas · 1878
- National Bank of Commerce v. JonesSupreme Court of Oklahoma · 1907
- Smith v. StevensSupreme Court of Minnesota · 1886
- Yeatman v. KingNorth Dakota Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hoff v. First State Bank of WatsonSupreme Court of Minnesota · 1928
- Federal Farm Mortgage Corp. v. FalkNorth Dakota Supreme Court · 1936
- Sundin v. SwansonSupreme Court of Minnesota · 1929
- Brotherhood of Railroad Trainmen v. BensonDistrict Court, D. Minnesota · 1930
- Stebbins v. BalfourSupreme Court of Minnesota · 1923
5 more not listed; retrieve them via the Exa API.