Trudell v. Hingham State Bank
Montana Supreme Court
Appeals from the District Court of Hill County; Frank E. Carleton, Judge. Action by Clarence W. Trudell against tbe Hingham State Bank of Hingham. From a judgment for plaintiff and an order denying a new trial, defendant appeals. We contend that irregularities complained of do not void the sale, where the sale is conducted openly, fairly and without any taint of dishonesty, and where the power contained in the mortgage was fairly executed.
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Appeals from the District Court of Hill County; Frank E. Carleton, Judge. Action by Clarence W. Trudell against tbe Hingham State Bank of Hingham. From a judgment for plaintiff and an order denying a new trial, defendant appeals. We contend that irregularities complained of do not void the sale, where the sale is conducted openly, fairly and without any taint of dishonesty, and where the power contained in the mortgage was fairly executed. If there had been any attempt on the part of the defendant to keep the sale a secret, suppress bidding or discourage prospective buyers, it would have been…
1Opinion of the CourtJustice Galen
In this case the plaintiff seeks to recover $3,000 as damages from the defendant for the alleged conversion of a gas tractor,' John Deere plow, and separator. It appears that the plaintiff as the owner of such property, on or about July 12, 1917, mortgaged the same to the defendant as security for indebtedness, and on April 9, 1919, the plaintiff being in default in payments due on his debt, the defendant caused the property to be sold by the. sheriff under the terms of the mortgage. The plaintiff contends that the sale was irregular, in that part of the property, at the time of sale, was in…
2Cases cited13 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Marchand v. RonaghanIdaho Supreme Court · 1903
- Advance Thresher Co. v. DoakSupreme Court of Oklahoma · 1913
- Burton v. RandallCourt of Appeals of Kansas · 1896
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3Cited by8 opinions
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- Peterson v. Hailey National BankIdaho Supreme Court · 1931
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1990
3 more not listed; retrieve them via the Exa API.