Cooper v. Simpson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Winona county, Start, J., presiding, refusing a new trial.
1Opinion of the CourtGtileillan, C. J.
Action for converting a horse. The defence was that defendant, being indebted to plaintiff upon a promissory note, executed to him a chattel mortgage upon the horse to secure the debt; and that default having been made in the mortgage, defendant, as authorized by the mortgage, took the horse and sold it to satisfy the debt. Plaintiff replied that the debt had been paid and satisfied before the taking. The facts on which the claim of satisfaction of the debt was based were that when the debt had been reduced by payments until there was but $137.20 unpaid, plaintiff delivered to defendant wheat…
2Cases cited3 opinions
- Hook v. WhiteCalifornia Supreme Court · 1868
- Taggard v. Curtenius & JonesNew York Supreme Court · 1836
- Goldsmidt v. Trustees of the First Methodist-Episcopal ChurchSupreme Court of Minnesota · 1878
3Cited by14 opinions
- Lindley v. SullivanIndiana Supreme Court · 1892
- Powell v. GagnonSupreme Court of Minnesota · 1893
- First National Bank v. HattawaySupreme Court of Georgia · 1931
- Imperial Elevator Co. v. Hartford Accident & Indemnity Co.Supreme Court of Minnesota · 1925
- Townsend v. Minneapolis Cold-Storage & Freezer Co.Supreme Court of Minnesota · 1891
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