Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine Works
Supreme Court of Minnesota
On May 25, 1883, the defendant corporation, to secure an issue of bonds to the amount of $50,000, executed and delivered to plaintiff, as trustee, a mortgage upon lands in Minneapolis therein described, and also upon “all and singular the manufactories, machine-shops, foundry-works, smith-shops, and all buildings, machinery, erections, structures, fixtures, engines, tools, manufactured and unmanufactured materials, and all supplies of every kind belonging or appertaining or…
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On May 25, 1883, the defendant corporation, to secure an issue of bonds to the amount of $50,000, executed and delivered to plaintiff, as trustee, a mortgage upon lands in Minneapolis therein described, and also upon “all and singular the manufactories, machine-shops, foundry-works, smith-shops, and all buildings, machinery, erections, structures, fixtures, engines, tools, manufactured and unmanufactured materials, and all supplies of every kind belonging or appertaining or hereafter to belong or appertain to the said party of the first part, including and intending to include all the said…
1Opinion of the CourtGilfillan, C. J.
The mortgage in this case was a mortgage of real estate as to some of the property described in it, and a chattel mortgage as to other of the property; and, as to the latter class of property, (such property remaining in the possession of the mortgagor,) it came within the provision of Gen. St. 1878, c. 39, declaring mortgages of personal property (not accompanied by an actual and continued change of possession) void as to creditors, unless filed as therein required.
Two questions are presented in the case: First, can a receiver of the property of a corporation, appointed under sections 9 and…
2Cases cited4 opinions
- Wolford v. BaxterSupreme Court of Minnesota · 1884
- Bank of Leavenworth v. HuntSupreme Court of the United States · 1871
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- In re HindsDistrict Court, N.D. New York · 1869
3Cited by38 opinions
- Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
- Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Shaw v. BorchersTexas Commission of Appeals · 1932
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
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