Leopold v. Silverman
Montana Supreme Court
Appeal from District Court, Custer County. A consideration of the case of Robinson v. Elliott, 22 Wall. 513, ought to be decisive of the invalidity of this mortgage. In that case the provisions of the mortgage which were adjudged to render it void were far more favorable to its validity than the provision in this mortgage. In that, it was provided the avails of sales should be reinvested in other goods which should be answerable for the debt.
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Appeal from District Court, Custer County. A consideration of the case of Robinson v. Elliott, 22 Wall. 513, ought to be decisive of the invalidity of this mortgage. In that case the provisions of the mortgage which were adjudged to render it void were far more favorable to its validity than the provision in this mortgage. In that, it was provided the avails of sales should be reinvested in other goods which should be answerable for the debt. In this, the mortgagors may sell the goods ad libitum, and do with the proceeds whatever they choose to do with them. To the proposition that such a…
1Opinion of the CourtMcLeary, J.
This is an appeal from a judgment on the pleadings rendered by the district court in favor of the defendants, Silverman et al.
The facts appear from the records substantially as follows: On the twelfth day of November, 1886, Isaac Silverman and Fanny Silverman were merchants, doing business at Miles City, Custer County, Montana; and on that day they mortgaged their stock in trade to the Stock Growers’ National Bank, of Miles City, to secure their note for three thousand five hundred dollars. The bank at once placed an agent in possession of the mortgaged property. That mortgage contained the…
2Cases cited10 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Robinson v. ElliottSupreme Court of the United States · 1875
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Rocheleau v. BoyleMontana Supreme Court · 1892
- Noyes v. RossMontana Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.