Forepaugh v. Pryor
Supreme Court of Minnesota
Plaintiffs, being creditors of defendant Pryor, procured from him a note for the amount of his indebtedness, due one day after date, and also, to secure the payment of the same, a chattel mortgage upon his stock of .goods. Plaintiffs immediately filed the mortgage and went into possession of the mortgaged property.
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Plaintiffs, being creditors of defendant Pryor, procured from him a note for the amount of his indebtedness, due one day after date, and also, to secure the payment of the same, a chattel mortgage upon his stock of .goods. Plaintiffs immediately filed the mortgage and went into possession of the mortgaged property. Subsequently Pryor made an assignment for the benefit of creditors to defendant Comstock, wbo never has acted, and disclaims any right, title, or interest in the mortgaged property. After this assignment, the defendant Bodkin, as sheriff of Clay county, under writs of attachment…
1Opinion of the CourtGilfillan, C. J.
The motion of the defendants for judgment on the pleadings was properly denied. Such a motion cannot be granted for insufficiency of the complaint, unless it be so deficient in facts that a general demurrer to it would be sustained. This complaint shows a wrongful taking and detention from plaintiff of the property on which they held a chattel mortgage, and of Nwhieh they had possession at the time of the taking, which facts would justify a recovery, either of the property itself, or its value by way of damages. It also makes out a proper case for a foreclosure of the mortgage by action,…
2Cases cited4 opinions
- Packard v. KingmanSupreme Court of Iowa · 1860
- Briggs v. . OliverNew York Court of Appeals · 1877
- Green v. GastonMississippi Supreme Court · 1879
- Marx v. DavisMississippi Supreme Court · 1879
3Cited by5 opinions
- United States & Canada Land Co. v. SullivanSupreme Court of Minnesota · 1910
- Hall v. BellWisconsin Supreme Court · 1910
- Meeker v. WaldronNebraska Supreme Court · 1901
- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
- Tiedt v. BoyceSupreme Court of Minnesota · 1913