Hawkins v. Hastings Bank
District Court, D. Minnesota
The plaintiff is the assignee in bankruptcy of the Messrs. Sproat; the defendant is the First National Bank of Hastings. The controversy concerns the validity of a certain chattel mortgage, made by the bankrupts (under the circumstances mentioned in the opinion of the court) to the bank. '
1Opinion of the Court
NELSON, District Judge.
The mortgage is fair and valid upon its face. It is executed under seal by one partner, in the name of the firm, the copartner having subsequently given his parol assent thereto. There is nothing in the statutes of this state requiring such an instrument to be under seal, and the fact that a seal is attached, does not change its character or effect. 1 Metc. [Mass.] 515, and cases cited. Indeed, if a seal was necessary to the validity of such an instrument, we are satisfied that the rigid common law rule has been, relaxed, and the doctrine fully sustained by modern…
2Cases cited6 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Edgell v. . HartNew York Court of Appeals · 1853
- Skinner v. DaytonNew York Supreme Court · 1822
- Wood v. LowryNew York Supreme Court · 1837
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878