Bidgood v. Monarch Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Albert Bidgood against the Monarch Elevator Company. Judgment for plaintiff. The Monarch Elevator Company appeals. It was error to permit the mortgagor to testify over objection that the chattel mortgage was signed by him in the presence of the witnesses mentioned on the mortgage. Keith v, Haggart, 2 N. D. 18; Donovan v. Elev.
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Appeal from District Court, Richland County; Lauder, J. Action by Albert Bidgood against the Monarch Elevator Company. Judgment for plaintiff. The Monarch Elevator Company appeals. It was error to permit the mortgagor to testify over objection that the chattel mortgage was signed by him in the presence of the witnesses mentioned on the mortgage. Keith v, Haggart, 2 N. D. 18; Donovan v. Elev. Co., 8 N. D. 383. The evidence disclosed that the grain was put in general storage without any division, and with the knowledge and consent of plaintiff a storage ticket issued therefor. It was therefore…
1Opinion of the Court
Bartholomew, C. T-
This is a contest wherein the plaintiff, claiming as mortgagee, seeks to recover from the defendant damages for the conversion of certain wheat. A trial to a jury resulted in a directed verdict for plaintiff. A new trial was denied, and defendant appeals from the judgment.
Among the numerous errors assigned we shall notice but one, and that relates to the ruling of the court in directing a verdict for plaintiff. This ruling must be reversed, because we are clear that under the evidence, as it now stands, it does not appear that plaintiff’s mortgage ever attached. The mortgage…
2Cases cited74 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- State ex rel. Standish v. BoucherNorth Dakota Supreme Court · 1893
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
69 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- State Bank v. Hurley Farmers Elevator Co.North Dakota Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.