Cutter v. Pollock
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Henry W. K. Cutter and another against James R. Pollock and another. Defendants had judgment, and plaintiffs appeal.
1Opinion of the CourtCorliss, C. J.
On the former appeal we settled the merits of this action. 4 N. D. 205, 59 N. W. Rep. 1062. On this appeal we have to deal with the fees and expenses of the receiver appointed in the action. There is no controversy touching their amount. The sole inquiry is whether, after the fund on which the defendants held a lien had been depleted by the payment thereout of such fees and expenses, the defendants should be allowed a judgment against the plaintiffs, reimbursing them in part for their loss. The object of the action was to have certain chattel mortgages construed as constituting an assignment…
2Cases cited13 opinions
- French v. GiffordSupreme Court of Iowa · 1871
- Radford v. FolsomSupreme Court of Iowa · 1880
- Beckwith v. CarrollSupreme Court of Alabama · 1876
- Couper v. ShirleyCourt of Appeals for the Ninth Circuit · 1896
- Espuela Land & Cattle Co. v. BindleCourt of Appeals of Texas · 1895
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3Cited by9 opinions
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- Central Trust & Savings Co. v. Chester County Electric Co.Court of Chancery of Delaware · 1911
- Bruce v. FrameIdaho Supreme Court · 1924
- Richey v. BrettOhio Supreme Court · 1925
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