Pierre Banking & Trust Co. v. Winkler
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John E. Hughes, Judge. Action by the Pierre Banking & Trust Company, against Adolph Winkler and' another, to foreclose a chattel mortgage on defendant Winkler’s stock of merchandise. Prom a judgment for plaintiff, andl from an order denying a new trial, defendant P. C. Warren, as trustee in bankruptcy of Adoph Winkler, appeals.
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Appeal from Circuit Court, Hughes County. Hon. John E. Hughes, Judge. Action by the Pierre Banking & Trust Company, against Adolph Winkler and' another, to foreclose a chattel mortgage on defendant Winkler’s stock of merchandise. Prom a judgment for plaintiff, andl from an order denying a new trial, defendant P. C. Warren, as trustee in bankruptcy of Adoph Winkler, appeals. (1) To point 'one of the opinion, Respondent cited: Mueller v. Brass, 112 Wis. 406, 88 N. W. 229; Deland v. Miller, 119 Iowa, 368, 93 N. W. 304. (2) To point two of the opinion, Appellant cited: Collier on Bankruptcy (9th…
1Opinion of the CourtWhiting, J.
Plaintiff seeks to foreclose a chattel mortgage on a stock of merchandise, defendant Winkler 'being the mortgagor and defendant Warren the trustee in bankruptcy of the estate of the defendant Winkler. The mortgage in question was given and filed September 8, 1913, and contained the following clause:
“It is further agreed- that, so long as the terms and conditions of this mortgage are kept and performed, the undersigned may retain possession of said property, and sell and -dispose of the same in -the ordinary course of trade, for cash; but of all such sales tire undersigned shall keep a…
2Cases cited5 opinions
- Egan State Bank v. RiceCourt of Appeals for the Eighth Circuit · 1902
- Kraver v. AbrahamsDistrict Court, E.D. Pennsylvania · 1913
- Matthews v. ChaboyaCalifornia Supreme Court · 1896
- In re GeiverDistrict Court, D. South Dakota · 1912
- In re PlattsDistrict Court, D. South Dakota · 1901
3Cited by5 opinions
- C.A. Swanson & Sons Poultry Company v. William A. Wylie, Trustee in Bankruptcy for the Manuel Delatorre D/B/A R & M Egg Farms, BankruptCourt of Appeals for the Ninth Circuit · 1956
- Martin v. A. Y. McDonald Manufacturing Co.Supreme Court of Minnesota · 1924
- Erickson v. GillSouth Dakota Supreme Court · 1959
- Scott v. Builder Marts of America, Inc.District Court, D. South Carolina · 1971
- Erickson v. GillSouth Dakota Supreme Court · 1959