Martin v. Holloway
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. An action in claim and delivery. Defendant demurred. Demurrer sustained. Judgment of dismissal. Plaintiff appeals. A mortgagee to whom delivery of tbe mortgaged goods has been made can maintain an action in claim and delivery for tbe wrongful taking by a third party. (O’Neill v. Whit-comb, 3 Ida. 624, 32 Pac. 1133; First Nat. Bank v. Steers, 9 Ida. 519, 108 Am.
Read the full summary
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. An action in claim and delivery. Defendant demurred. Demurrer sustained. Judgment of dismissal. Plaintiff appeals. A mortgagee to whom delivery of tbe mortgaged goods has been made can maintain an action in claim and delivery for tbe wrongful taking by a third party. (O’Neill v. Whit-comb, 3 Ida. 624, 32 Pac. 1133; First Nat. Bank v. Steers, 9 Ida. 519, 108 Am. St. 174, 75 Pac. 225; Cunningham v. Stoner, 10 Ida. 549, 79 Pac. 228.) The recording act is a substitute for possession, and by…
1Opinion of the CourtStewart, J.
This is an action in claim and delivery. The plaintiff, appellant here, alleges that on June 18, 1908, one C. H. Winston executed and delivered to him a certain promissory note for the sum of $1,100, due in eleven months, with interest at ten per cent to be paid on the 18th day of every month,' and if not so paid the whole to become due; that for the purpose of securing the payment of the said amount said Winston executed and delivered on the same day a chattel mortgage, whereby he mortgaged to plaintiff “all those certain goods and chattels now being in one certain store known as the ‘Big…
2Cases cited7 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Ryan v. RogersIdaho Supreme Court · 1908
- First National Bank v. SteersIdaho Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kettenbach v. WalkerIdaho Supreme Court · 1919
- Watson v. First National Bank of ClarkstonWashington Supreme Court · 1914
- Blackfoot City Bank v. ClementsIdaho Supreme Court · 1924
- Arens v. ScheeleIdaho Supreme Court · 1941
- Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
7 more not listed; retrieve them via the Exa API.