Legal Opinion

Penney v. Mutual Investment Co.

Supreme Court of Minnesota

Decided September 8, 1893PublishedCited by 2 opinions

Appeal by plaintiff, Frederick C. Penney, from a judgment of the District Court of Hennepin County, Frederick Hooker, J., entered March 9, 1898.

1Opinion of the CourtVanderburgh, J.

The defendant 'took a bill of sale absolute in form of a stock of goods belonging to the plaintiff, and loaned and advanced to the plaintiff thereon the sum of $700. No note or other evidence of indebtedness was taken by defendant, and by its answer it denies that the transaction was a mortgage, which the plaintiff alleges it to be. and avers that it was in fact an absolute sale of property. The plaintiff, on the other hand, alleges that the bill of sale was given as security only, and was a chattel mortgage; that the same was not foreclosed, but that the defendant sold the goods at private…

2Cases cited1 opinion

  1. Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1893

3Cited by2 opinions

  1. Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1893
  2. Harrill v. WeerSupreme Court of Oklahoma · 1910

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