Foster v. Berkey
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAM*EY TCOUSfíf. Points and Antborities of Appellants. The motion for a new trial in the case was improperly overruled.
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APPEAL PROM THE DISTRICT COURT OP RAM*EY TCOUSfíf. Points and Antborities of Appellants. The motion for a new trial in the case was improperly overruled. I. — The Court erred in admitting' in evidence the chattel mortgage from Charles Symonds to the Plaintiff, because it never was filed, and the filing of it renewed in the proper office, as by law required ; nor was it shown to have been executed in good faith and not for fraudulent purposes, as against creditors, nor for any consideration. But it clearly appears that said Symonds was not, at the date of said mortgage, nor for years…
1Opinion of the Court
By the Court.
Atwater, J.
Agnes Foster brought an action to recover the possession of certain personal property claimed by her, and alleged to have been wrongfully taken and detained by Defendants. The Defendants admitted the taking, and justified under certain executions against one Charles Symonds, to whom the answer alleged the property belonged at the time of the seizure. There was a jury trial and verdict, for a return of most of the property to the Plaintiff. The Defendants moved for a new trial, which motion was denied, and from the order entered thereon the Defendants appeal to this…
2Cases cited2 opinions
- Pease, Chalfant & Co. v. RushSupreme Court of Minnesota · 1858
- Castner v. Steamboat Dr. FranklinSupreme Court of Minnesota · 1852
3Cited by9 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Walton v. PerkinsSupreme Court of Minnesota · 1881
- Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933
- Anderson Buick Co. v. CookWashington Supreme Court · 1941
- Redlands Orange Growers Ass'n v. GormanMissouri Court of Appeals · 1898
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