Cassell v. Deisher
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Hon. Frank T. Johnson, Judge. Action by Robert T. Cassell against Winfield S. Deisher. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtJustice Campbell
The controversy is between successive mortgagees of the same chattel property. Jacob Smith was indebted to plaintiff Cassell, and gave him his note for the amount of the debt, and secured the same by a chattel mortgage on a piano. Before this debt became due, Smith gave a note to the defendant Deisher, which matured before the plaintiff’s note, and ■ secured it by a second mortgage on the same piano. Fifty-nine days after the maturity of the first, and more than four months after the maturity of the second, mortgage, Deisher, second mortgagee, took possession of the piano under his mortgage…
2Cases cited12 opinions
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
- Brereton v. BennettSupreme Court of Colorado · 1890
- Arnold v. StockIllinois Supreme Court · 1876
- Harbison v. TuftsColorado Court of Appeals · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Radetsky v. Gramm-Bernstein Motor Truck Co.Court of Appeals for the Eighth Circuit · 1925
- Babbitt v. Bent County BankSupreme Court of Colorado · 1911
- Metropolitan State Bank v. WrightSupreme Court of Colorado · 1922
4 more not listed; retrieve them via the Exa API.