Donovan v. St. Anthony & Dakota Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Cavalier County; Sauter, J. Action by E. I. Donovan against the St. Anthony & Dakota Elevator Company to recover damages for the conversion of certain grain alleged to belong to plaintiff by virtue of a chattel mortgage. From an order overruling a demurrer to the complaint, defendant appeals. The complaint does not aver that at the time the mortgage was executed, the chattels mortgaged belonged to the mortgagor. 2 Cobby Chat.
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Appeal from District Court, Cavalier County; Sauter, J. Action by E. I. Donovan against the St. Anthony & Dakota Elevator Company to recover damages for the conversion of certain grain alleged to belong to plaintiff by virtue of a chattel mortgage. From an order overruling a demurrer to the complaint, defendant appeals. The complaint does not aver that at the time the mortgage was executed, the chattels mortgaged belonged to the mortgagor. 2 Cobby Chat. Morts. section 957. The mortgage alone is no evidence of title or possession. Jones on Chat. Morts. § 116; Earns v. Snell, 143 Mass. 166;…
1Opinion of the CourtWallin, J.
In this action a general demurrer was interposed to the complaint, and the same was overruled by an order of the trial court. Defendant appeals from the order.
In the disposition of the case in this court the parts of the complaint necessary to be discussed are as follows: “That on or about the 16th of October, A. D. 1894, James Doyle and others made, executed, and delivered to the plaintiff a certain promissory note for $896, due October 16, 1895, with interest at 12 per cent., and made, executed, and delivered to secure the same a chattel mortgage, also to the said plaintiff, upon all grain…
2Cases cited9 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
- Brown v. . ChamplinNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thompson Yards, Inc. v. RichardsonNorth Dakota Supreme Court · 1924
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- First National Bank v. MessnerNorth Dakota Supreme Court · 1913
- Third National Bank v. KniffenWashington Supreme Court · 1927
- Christofferson v. WeeNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.