Laubenheimer v. McDermott
Montana Supreme Court
Appeal from Third District, Lewis and Clarhe County. This mortgage for pre-existing debt is valid. Jones on Chat. Mort. sec. 81; 1 Col. 225; 3 Wis. 491. This transaction is to be determined by Laws of 12th Session, p. 4, secs. 2-4. Was this chattel mortgage good against creditors? A chattel mortgage is a present transfer of title of mortgaged property, subject to be defeated only by payment of the sum that it was given to secure. 54 N. Y. 18; 12 Wis. 498; 36 Cal. 414. Filing…
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Appeal from Third District, Lewis and Clarhe County. This mortgage for pre-existing debt is valid. Jones on Chat. Mort. sec. 81; 1 Col. 225; 3 Wis. 491. This transaction is to be determined by Laws of 12th Session, p. 4, secs. 2-4. Was this chattel mortgage good against creditors? A chattel mortgage is a present transfer of title of mortgaged property, subject to be defeated only by payment of the sum that it was given to secure. 54 N. Y. 18; 12 Wis. 498; 36 Cal. 414. Filing such a mortgage for record is equivalent to delivery of the property. 19 Pick. 202; 48 Mass. 26; Jones on Chat. Mort.…
1Opinion of the CourtCoburn, J.
This is an action for claim and delivery of personal property, certain live stock. The defendant demurred to the complaint; the demurrer was sustained and judgment was rendered on the demurrer and for costs in favor of the defendant. From this judgment the plaintiff appeals. It is stated in the complaint that on the 20th day of February, 1882, one Valentine Laubenheimer, being indebted to plaintiff, gave to her his promissory note for $6,000, payable to her order five years after date, which sum is wholly unpaid. That on the 21st of February, 1883, said Valentine Laubenheimer, being a…
2Cases cited8 opinions
- Wright v. BundyIndiana Supreme Court · 1858
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Davidson v. WaldronIllinois Supreme Court · 1863
- Paine v. BentonWisconsin Supreme Court · 1873
- Belden v. LaingMichigan Supreme Court · 1860
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3Cited by7 opinions
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