Nelden-Judson Drug Co. v. Commercial National Bank of Ogden
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Hon. H. H. Rolapp, Judge. Action to Pave decreed fraudulent and void a certain chattel mortgage executed to tbe defendant bank by Shirley P. Ash, since deceased, on certain goods, wares and merchandise. From a judgment sustaining defendants’ demurrer to the complaint, the plaintiffs appealed.
1Opinion of the CourtBartch, J.
This action was brought to have decreed fraudulent, null, and void a certain chattel mortgage executed to the defendant bank by Shirley P. Ash, since deceased, on certain goods, wares, and merchandise including the stock in trade of the drugstore of the mortgagor, and fixtures, furniture, etc., and to have it adjudged that the bank has no preferred lien or claim over other creditors because of the mortgage. It was alleged in the complaint, substantially, that Shirley P. Ash, the mortgagor, died intestate in the city of Ogden on April 8, 1899, and that letters of administration upon the estate…
2Cases cited12 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Russell v. . WinneNew York Court of Appeals · 1868
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Simmons v. JenkinsIllinois Supreme Court · 1875
- Place v. LangworthyWisconsin Supreme Court · 1861
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3Cited by6 opinions
- Thorpe v. Pennock Mercantile Co.Supreme Court of Minnesota · 1906
- Johnson-Baillie Shoe Co. v. Bardsley, Elmer & NicholsCourt of Appeals for the Eighth Circuit · 1916
- WASATCH MINES COMPANY v. HopkinsonUtah Supreme Court · 1970
- American Theatre Co. v. GlasmannUtah Supreme Court · 1938
- In Re Linford's EstateUtah Supreme Court · 1949
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