Legal Opinion

Capehart v. Foster

Supreme Court of Minnesota

Decided May 15, 1895No. Nos. 9451—(140)PublishedCited by 10 opinions

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., granting a motion for a new trial.

1Opinion of the CourtCanty, J.

Plaintiff was the owner of certain hotel property, which he mortgaged to defendant. At the time the mortgage was made the hotel contained 268 gas fixtures, consisting of gas chandeliers and burners, 184 steam radiators, an office desk, 'a cigar counter, and an electric annunciator. Defendant foreclosed his mortgage, purchased the .property at the foreclosure sale, and the time to redeem expired. Plaintiff, being still in possession, threatened to remove all of these articles; whereupon defendant procured a temporary writ of injunction restraining him from doing so. Defendant also obtained…

2Cases cited5 opinions

  1. McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
  2. National Bank v. NorthSupreme Court of Pennsylvania · 1894
  3. Rogers v. CrowSupreme Court of Missouri · 1867
  4. Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
  5. Woodham v. First National BankSupreme Court of Minnesota · 1892

3Cited by10 opinions

  1. Filley v. ChristopherWashington Supreme Court · 1905
  2. Kent Storage Co. v. Grand Rapids Lumber Co.Michigan Supreme Court · 1927
  3. Hanson v. VoseSupreme Court of Minnesota · 1919
  4. Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901
  5. West v. Farmers' Mutual InsuranceSupreme Court of Iowa · 1902

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