Gresens v. Martin
North Dakota Supreme Court
Appeal from the District Court of Rolette County, Cowan, J. Action to foreclose a chattel mortgage. Judgment for plaintiff. Defendant appeals. Statement by Bruce, J. The complaint in this action set out the making and delivery of two promissory notes, that to secure the same a chattel mortgage had been executed by the defendant, and prayed for a foreclosure of the mortgage.
Read the full summary
Appeal from the District Court of Rolette County, Cowan, J. Action to foreclose a chattel mortgage. Judgment for plaintiff. Defendant appeals. Statement by Bruce, J. The complaint in this action set out the making and delivery of two promissory notes, that to secure the same a chattel mortgage had been executed by the defendant, and prayed for a foreclosure of the mortgage. Defendant in his answer admitted the execution and delivery of the notes and of the chattel mortgage, but claimed that the notes were given in settlement of the purchase price of an engine, that there was fraud in their…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The defendant and appellant contends that he admitted all of the allegations of the complaint in his answer, but set up an independent or affirmative action by way of defense of a breach of warranty, and that consequently there was no equitable issue left to be tried by the court. The existence and validity of the chattel mortgage and of plaintiffs right to foreclose the same were, he says, secondary matters in the action which could not be adjudicated until the question of the liability of the defendant to the plaintiff in some amount had been determined.…
2Cases cited20 opinions
- Swasey v. AdairCalifornia Supreme Court · 1891
- Sharmer v. McIntoshNebraska Supreme Court · 1895
- Morrissey v. BroomalNebraska Supreme Court · 1893
- Gull River Lumber Co. v. KeefeSupreme Court Of The Territory Of Dakota · 1889
- Downing v. Le DuCalifornia Supreme Court · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- General Electric Credit Corp. v. RichmanNorth Dakota Supreme Court · 1983
- Lithun v. Grand Forks Public School District No. 1North Dakota Supreme Court · 1981
- Dobervich v. Central Cass Public School District No. 17North Dakota Supreme Court · 1979
6 more not listed; retrieve them via the Exa API.