Ellingsen v. Cooke
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Clay county, to recover the possession of a horse. The action was tried before Baxter, J., and a jury, and plaintiff had a verdict. Defendant appeals from the judgment entered thereon.
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Plaintiff brought this action in the district court for Clay county, to recover the possession of a horse. The action was tried before Baxter, J., and a jury, and plaintiff had a verdict. Defendant appeals from the judgment entered thereon. Upon the trial, the defendant, to justify his taking of the horse, offered in evidence a chattel mortgage, which contained a provision allowing the mortgagee to take the mortgaged property if the mortgagor did not take proper care of the same, and offered evidence to show that the defendant took the horse because the plaintiff turned it out on a prairie…
1Opinion of the CourtGileillan, C. J.
Action in replevin. The answer justifies the taking and detention under a chattel mortgage, set out in it, from plaintiff to defendant, which authorized defendant to take the property *401before tbe debt became due, upon tbe happening of any one of several specified contingencies, and the answer alleges generally, without stating in what particular, that the plaintiff “violated the terms and broke the conditions” of the mortgage. The reply denies each and every allegation of new matter in the answer. The taking by defendant was before the debt became due. On the trial the defendant offered…
2Cited by1 opinion
- Kellogg v. AndersonSupreme Court of Minnesota · 1889