St. Paul Title Insurance & Trust Co. v. Berkey
Supreme Court of Minnesota
Appeal by defendant, Peter Berkey, from an order of the District Court of Bamsey County, Otis, J., made September 3, 1892, denying his motion for a new trial. On July 10, 1890, Benjamin F. Ferriss was indebted to the St. Paul National Bank $6,835. The defendant was the president of this bank.
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Appeal by defendant, Peter Berkey, from an order of the District Court of Bamsey County, Otis, J., made September 3, 1892, denying his motion for a new trial. On July 10, 1890, Benjamin F. Ferriss was indebted to the St. Paul National Bank $6,835. The defendant was the president of this bank. As security for the payment of the debt, Ferriss on that day made and delivered to defendant a bill of sale of fifteen horses, harnesses and buggies and other property in his livery stable on Bice street in St. Paul. The bill of sale was in form absolute, without condition. Its execution was not…
1Opinion of the CourtVanderburgh, J.
One Ferriss, now insolvent, executed a bill of sale to Berkey of the personal property in controversy, intended as security for a debt. It is admitted to be in the nature of a mortgage, though absolute in form, and the conditions are not expressed in it. It was dated July 10, 1890, and filed as a mortgage in the city clerk’s office on the same day, but was never acknowledged. Without deciding the question whether such an instrument should be treated as a chattel mortgage under the statute, so as to make the record constructive noiice if duly acknowledged as required, it is enough that it was…
2Cases cited3 opinions
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Brown v. BrabbMichigan Supreme Court · 1887
- Chamberlain v. O'BrienSupreme Court of Minnesota · 1891
3Cited by3 opinions
- Bradley v. RobieCourt of Appeals for the Eighth Circuit · 1920
- Holt Motor Co. v. R. C. A. Photophone, Inc.Supreme Court of Minnesota · 1936
- Heitman Trust Co. v. ParleeAppellate Court of Illinois · 1942