Powell v. Gagnon
Supreme Court of Minnesota
■ Appeal by plaintiff, Wilbur F. Powell, from an order of the District Court of Marshall County, Mills, J., made February 13, 1892, denying his motion for a new trial.
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■ Appeal by plaintiff, Wilbur F. Powell, from an order of the District Court of Marshall County, Mills, J., made February 13, 1892, denying his motion for a new trial. The defendant, August Gagnon, was on July 14, 1890, indebted unto Ames Iron Works of Oswego, N. Y., $1,744.26. He, on that day, to secure payment of the debt, gave his two notes, each for $872.13, and a mortgage on a straw-burning traction engine and a thresher, water tank, drive belt and all crops growing on section thirteen, (13,) T. 156, It. 47, in Marshall county, with power to take possession of the property and sell it at…
1Opinion of the CourtGilfillan, C. J.
Action on two promissory notes. The answer alleged as a defense that the. notes were secured by a chattel mortgage, and that the plaintiff, who was the assignee of the notes and mortgage, took possession of the mortgaged property, and converted it to his own use, and thereby elected to and did accept the property in payment of the debt. On the trial it appeared that, after default in the condition of the mortgage, plaintiff took possession of the property, and attempted to foreclose under the power contained in *236the mortgage, and at the sale bid in .the property himself, and continued his…
2Cases cited3 opinions
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Cooper v. SimpsonSupreme Court of Minnesota · 1889
- Fletcher v. NeudeceSupreme Court of Minnesota · 1883
3Cited by13 opinions
- Simons v. Brashears Transfer and StorageSupreme Court of Oklahoma · 1959
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Springer v. JenkinsOregon Supreme Court · 1906
- Berg v. OlsonSupreme Court of Minnesota · 1903
- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
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