Brown v. Erb-Harper-Rigney Co.

Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by O. F. Brown, trustee, against the Erb-Harper-Rigney Company and others to foreclose a chattel mortgage. From an order refusing to appoint a receiver pendente lite, plaintiff appeals. Under the law applicable, and especially in view of the circumstances of this particular case, the provisions that mortgagor should remain in possession of the stock of goods, sell the same in the regular course of trade and account therefor constituted a personal covenant on the part of the mortgagor which could not be assigned.…