First Guaranty Bank v. Rex Theatre Co.
North Dakota Supreme Court
1Opinion of the CourtBurr, District J.
This is an action in claim and delivery wherein the plaintiff seeks to recover the possession of certain property, for the purpose of the foreclosure of a chattel mortgage thereon, Avhich chattel mortgage, it is claimed, was executed by Bex Theatre Company and Goo. Y. Halliday, and contains the usual provisions of immediate possession, power of sale, etc., on default. The complaint further alleges default in payment of the debt secured, the maturity of the debt, election to declare it all due and payable, demand upon the defendants for the possession of the property and their refusal to…
2Cases cited3 opinions
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Latta v. TuttonCalifornia Supreme Court · 1898
- Breitenwischer v. CloughMichigan Supreme Court · 1896
3Cited by3 opinions
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
- Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1926
- Maercklein v. MaerckleinNorth Dakota Supreme Court · 1934