Harvey v. Crane
U.S. Circuit Court for the Northern District of Illnois
The bankrupt, W. G. Parr, a merchant at Normal, McLean county, Illinois, borrowed of the defendant, a resident of Chicago, four thousand dollars, in March, 1869, for which he gave a note payable April 1st, 1870, and a chattel mortgage on the goods in his store, purporting in terms to include such goods, wares and merchandise as the mortgagor should add to the stock during the time the debt was maturing.
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The bankrupt, W. G. Parr, a merchant at Normal, McLean county, Illinois, borrowed of the defendant, a resident of Chicago, four thousand dollars, in March, 1869, for which he gave a note payable April 1st, 1870, and a chattel mortgage on the goods in his store, purporting in terms to include such goods, wares and merchandise as the mortgagor should add to the stock during the time the debt was maturing. The mortgagor was to keep possession, but the mortgagee was authorized to take possession and sell the property before the maturity of the note in several contingencies, and, among others,…
1Opinion of the Court
DRUMMOND, Circuit Judge.
It has not been claimed that the mortgage was valid under the statute as against creditors. In fact, it not only was never acknowledged as it now stands, but it included after-purchased goods, and seemed to permit the mortgagor to go on and sell in the usual course of business. Davis v. Ransom, 18 Ill. 396.
It is not disputed but that the mortgagee bad a right, under a clause of the mortgage, to take possession. The record of the mortgage may be left out of the case, as it must be conceded that it gave no additional validity. There is no doubt that the mortgage was…
2Cases cited7 opinions
- Porter v. DementIllinois Supreme Court · 1864
- Davis v. RansomIllinois Supreme Court · 1857
- Gregg v. SanfordIllinois Supreme Court · 1860
- Forest v. TinkhamIllinois Supreme Court · 1862
- Sage v. BrowningIllinois Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Citizens Bank v. TaylorSupreme Court of Georgia · 1929
- Heathman v. RogersAppellate Court of Illinois · 1894