Merrill v. Ressler
Supreme Court of Minnesota
The plaintiffs brought this action in the district court for Winona county, to recover rent due upon the lease described in the opinion, and to enforce a lien for the payment of the same upon the personal property in the possession of the defendant Hannibal Choate, as as-signee of the defendant Ressler.
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The plaintiffs brought this action in the district court for Winona county, to recover rent due upon the lease described in the opinion, and to enforce a lien for the payment of the same upon the personal property in the possession of the defendant Hannibal Choate, as as-signee of the defendant Ressler. The answer of the defendant Choate, among other matters, admits the making of the lease with the provision recited in the opinion, the amount due thereon, the assignment by Ressler to Choate, and that Choate is in possession thereunder, and alleges that the plaintiffs were never in possession…
1Opinion of the CourtGileillan, C. J.
January 17, 1884, plaintiffs rented to the defendant Ressler a store building in Winona, for two years from March 1, 18S4, at the rent of $75 per month. In the lease was the stipulation : “And it is also agreed and understood between the parties aforesaid that the party of the first part shall have a lien for the rent aforesaid upon all the goods and chattels of the party of the second part *83which are or may be placed upon the said demised premises, and such lien may be enforced, on the non-payment of the rent aforesaid, in the same manner as in case of a chattel mortgage, on default thereon,…
2Cases cited12 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Mervine v. WhiteSupreme Court of Alabama · 1874
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3Cited by26 opinions
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
- McNeal v. RiderSupreme Court of Minnesota · 1900
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Smith v. PearsonSupreme Court of Minnesota · 1890
21 more not listed; retrieve them via the Exa API.