Fox, Baum & Co. v. KcKinney & Smith
Oregon Supreme Court
Appeal from Marion. The facts are stated in the opinion. Is the instrument in question a chattel mortgage? We maintain that it is, if it is not void. No particular form is necessary to constitute a mortgage. (Jones on Chattel Mortgages, sec. 60.) Whatever language may be used, if it shows that the parties intended a sale of chattels as security, the instrument will be construed to be a mortgage.
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Appeal from Marion. The facts are stated in the opinion. Is the instrument in question a chattel mortgage? We maintain that it is, if it is not void. No particular form is necessary to constitute a mortgage. (Jones on Chattel Mortgages, sec. 60.) Whatever language may be used, if it shows that the parties intended a sale of chattels as security, the instrument will be construed to be a mortgage. (Johnson v. Orofort, 53 Barb., 574; Thompson v. Blanchard, 4 N. Y., 303; Edwards on Bailments, sec. 73.) The instrument comes clearly within these authorities, and is a chattel mortgage; but we submit…
1Opinion of the Court
By the Court,
Lord, C. J.:
The main, and in fact only question to be decided in this case, is the construction of the lease admitted in evidence against the objection of the appellants. Nearly every other question presented by the bill of exceptions, and discussed, grows out of what is claimed to be the proper construction of the lease, and the legal effect thereof. That portion of the lease to which objection is directed reads as follows: “And the said party of the second part, in consideration of the said lease, binds himself to pay unto the party of the first part the sum of $700 in United…
2Cases cited11 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Bellows v. WellsSupreme Court of Vermont · 1864
- Van Hoozer v. CoryNew York Supreme Court · 1860
- Briggs v. OaksSupreme Court of Vermont · 1853
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3Cited by7 opinions
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Cole v. Canadian Bank of CommerceOregon Supreme Court · 1925
- Tallman v. HavillOregon Supreme Court · 1930
- Broders v. BohannonOregon Supreme Court · 1897
- In re PlaceDistrict Court, N.D. New York · 1915
2 more not listed; retrieve them via the Exa API.