Blackman v. Baxter, Reed & Co.
Supreme Court of Iowa
Appeal from Ida District Court.— Hon. S. M. El wood, Judge. , On April 12, 1901, at about 11 o’clock p. m., Chas. B. Blackman executed a chattel mortgage to Baxter, Beed & Co. on his stock of groceries and book accounts to secure the payment of a valid indebtedness of $5,000. Immediately thereafter Beed, a member of that firm, with two or three others, entered the store of Blackman, who said, “ Here is the stock; it is yours.”
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Appeal from Ida District Court.— Hon. S. M. El wood, Judge. , On April 12, 1901, at about 11 o’clock p. m., Chas. B. Blackman executed a chattel mortgage to Baxter, Beed & Co. on his stock of groceries and book accounts to secure the payment of a valid indebtedness of $5,000. Immediately thereafter Beed, a member of that firm, with two or three others, entered the store of Blackman, who said, “ Here is the stock; it is yours.” Thereupon Beed looked over it with a view of estimating its value, but touched nothing. After some conversation he advised Blackman to go home. The response came, “…
1Opinion of the CourtLadd, J.
The mortgage on the property in controversy was not recorded prior to the death of the mortgagor, nor had the mortgagee taken possession under the mortgage. True, Beed, a member of the defendant firm, looked over the stock, without touching anything. He may have intended to take possession, hut nothing was done indicative of ownership. Blackman was left in the store without surrendering his keys. Possession was taken, however, the next morning, after the mortgagor’s death, and the mortgage recorded. But what was then done could have no effect on the rights of the parties, as, in any event,…
2Cases cited29 opinions
- In re Wilcox & Howe Co.Supreme Court of Connecticut · 1898
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
- Kilbourne v. FayOhio Supreme Court · 1876
- State v. Mayor of Jersey CitySupreme Court of New Jersey · 1892
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
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3Cited by28 opinions
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- Leffek v. LuedemanMontana Supreme Court · 1933
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- Crary v. KurtzSupreme Court of Iowa · 1906
- In Re Estate of SmithSupreme Court of Iowa · 1949
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