Phillip Best Brewing Co. v. Pillsbury & Hurlbut Elevator Co.
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Grand Forks county; Hon. W. B. McConnell, Judge. The mortgage covers only such crops as were in existence at the date of its execution, and does not purport to embrace crops to be sown subsequent thereto. The ¡testimony shows that the property pretended to be mortgaged had no existence when the mortgage was made.
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Appeal from the district court of Grand Forks county; Hon. W. B. McConnell, Judge. The mortgage covers only such crops as were in existence at the date of its execution, and does not purport to embrace crops to be sown subsequent thereto. The ¡testimony shows that the property pretended to be mortgaged had no existence when the mortgage was made. There was no agreement in the mortgage that the mortgagee should have a lien upon crops to be sown or property to be acquired subsequent to the execution of the mortgage. An express agreement was necessary in order to hold future acquisitions. Jones,…
1Opinion of the CourtThomas, J.
This action was instituted in the district court of Grand Forks county by the respondent, a private corporation, against the appellant, also a private corporation, for th& alleged conversion of a quantity of wheat of which the respondent claimed to be the owner, by reason of a chattel mortgage executed and delivered to it by one H. H. Cline, on the 1st day of May, 1883, the which was duly recorded in the office of the register of deeds of Grand Forks county, on the 28th day of May, 1883.
The mortgage was regular as to form, and purported to convey to respondent “all that crop of small grain,…
2Cases cited3 opinions
- Lick v. MaddenCalifornia Supreme Court · 1868
- Kile v. TubbsCalifornia Supreme Court · 1867
- Caulfield v. BogleSupreme Court Of The Territory Of Dakota · 1881
3Cited by10 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Paddock v. BalgordSouth Dakota Supreme Court · 1891
- Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
- Smith v. TosiniSouth Dakota Supreme Court · 1891
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