Gillilan v. Kendall & Smith
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Chapman, J. cited: Herman on Chattel Mortgages, secs. 81, 178; Cool v. Roche et al., 20 Neb. 550; Jones on Chattel Mortgages, second edition, sec. 69; Boone on Mortgages, sec. 267. cited: Jones on Chattel Mortgages, sec. 481; Kreuzer v. Cooney, 45 Md. 582; Hart v. Ten Eych, 2 Johns. Ch. 62, 108; Robinson v. Holt, 39 N. H. 557; Hamilton v. Rogers, 8 Md. 301.
1Opinion of the CourtMaxwell, J.
This is an action by the plaintiff against the defendants, to recover for certain growing corn mortgaged by one Ash-ton to him, and a portion of which was gathered and sold to the defendants. On the trial the plaintiff recovered for the amount due Ashton upon the corn so sold. The plaintiff contends that he is entitled to recover for all the corn sold by Ashton to the defendants, although they had already paid i\shton therefor.
The facts are substantially as follows: One Ashton gave two chattel mortgages to the plaintiff in error, to secure payment of three of his promissory notes — one in the…
2Cases cited1 opinion
- Edminster v. HigginsNebraska Supreme Court · 1877
3Cited by11 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Hogan v. Atlantic Elevator Co.Supreme Court of Minnesota · 1896
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
- Stockyards National Bank v. B. Harris Wool Co.Supreme Court of Missouri · 1926
- Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912
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