Johnson v. Laybourn
Supreme Court of Minnesota
Appeal by plaintiff, Edward M. Johnson, from an order of the District Court of Hennepin County, Seagrave Smith, J., made February 4, 1893, denying his motion for a new trial. The Flour City Sash and Door Company, a corporation of Minneapolis, being insolvent, on July 21, 1891, made an assignment under Laws 1881, ch. 148, of its property to the defendant, Charles G. Laybourn in trust for the benefit of its creditors.
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Appeal by plaintiff, Edward M. Johnson, from an order of the District Court of Hennepin County, Seagrave Smith, J., made February 4, 1893, denying his motion for a new trial. The Flour City Sash and Door Company, a corporation of Minneapolis, being insolvent, on July 21, 1891, made an assignment under Laws 1881, ch. 148, of its property to the defendant, Charles G. Laybourn in trust for the benefit of its creditors. He accepted the trust and on October 15, 1891, sold at public auction the assigned real and personal property separately. He sold to plaintiff, for $1,500, .all the machinery,…
1Opinion of the CourtGilfillan, C. J.
As the sale of the real estate and of the personal property, had at the same time, passed the title to the articles sued for in this action, whether they were personal property or fixtures, and as possession was delivered, the action can stand only on the proposition that there was an implied warranty that the articles were movables, and not fixtures, so as to be covered by the mortgage on the real estate.
As the buyer knew, as well as the seller, the character of the property, it may be doubted that, had the sale been by a private person, any warranty as to its character could have been…
2Cases cited9 opinions
- The Monte AllegreSupreme Court of the United States · 1824
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Barron v. MullinSupreme Court of Minnesota · 1875
- Hensley v. BakerSupreme Court of Missouri · 1846
- Bashore v. WhislerSupreme Court of Pennsylvania · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Arnold v. SmithSupreme Court of Minnesota · 1913
- Gerdin v. Princeton State BankCourt of Appeals of Minnesota · 1985
- Bishop v. La BreeSupreme Court of Minnesota · 1940
- Chilton v. HarrisMissouri Court of Appeals · 1914