Donovan v. St. Anthony & Dakota Elevator Co.
North Dakota Supreme Court
Appeai from District Court, Cavalier County; Sauter, J. Action by E. I. Donovan against the St. Anthony & Dakota Elevator Company. Verdict for defendant, and from an order granting plaintiff a new trial defendant appeals.
1Opinion of the CourtYoung, J.
But one question is presented by this appeal, and that is whether a mortgagee in a chattel mortgage is qualified to act as an attesting and subscribing witness to its execution. Briefly, the preliminary facts are these: Plaintiff has a chattel mortgage covering a quantity of wheat which was purchased and received by the defendant from plaintiff’s mortgagor, and admittedly without actual notice of plaintiff’s mortgage thereon. The mortgage is properly signed by the mortgagor. To the left of his signature is the attestation, first, the words, “Signed, sealed, and delivered in the presence of,”…
2Cases cited3 opinions
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Welsh v. Lewis & SonSupreme Court of Georgia · 1883
- Coleman v. StateSupreme Court of Alabama · 1885
3Cited by13 opinions
- Betts-Evans Trading Co. v. BassCourt of Appeals of Georgia · 1907
- Ames v. ParrottNebraska Supreme Court · 1901
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Cross v. Robinson Point Lumber Co.Supreme Court of Florida · 1908
- American Mortgage Co. v. Mouse River Live Stock Co.North Dakota Supreme Court · 1901
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