Blackman v. Baxter, Reed & Co.
Supreme Court of Iowa
Appeal from Ida District Court.— Hon. S. M. El wood, Judge. , On April 12, 1901, at about 11 o’clock p. m., Chas. B. Blackman executed a chattel mortgage to Baxter, Beed & Co. on his stock of groceries and book accounts to secure the payment of a valid indebtedness of $5,000. Immediately thereafter Beed, a member of that firm, with two or three others, entered the store of Blackman, who said, “ Here is the stock; it is yours.”
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Appeal from Ida District Court.— Hon. S. M. El wood, Judge. , On April 12, 1901, at about 11 o’clock p. m., Chas. B. Blackman executed a chattel mortgage to Baxter, Beed & Co. on his stock of groceries and book accounts to secure the payment of a valid indebtedness of $5,000. Immediately thereafter Beed, a member of that firm, with two or three others, entered the store of Blackman, who said, “ Here is the stock; it is yours.” Thereupon Beed looked over it with a view of estimating its value, but touched nothing. After some conversation he advised Blackman to go home. The response came, “…
1DissentMcClain, J.
(dissenting).— My inability to agree with the views expressed by the majority arises from the -belief that in deciding this difficult and novel question the majority have taken a view of the effect of failing to record a chattel mortgage which is inconsistent with the- view which has been adopted by this court and become familiar to the profession in this State. The conclusion of the majority in this case is summed up in a negative answer, to the question, “ Has death rendered a void mortgage valid ?” The entire opinion is predicated on the theory that retention of possession by the mortgagor…
2Cases cited15 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Allen v. McCallaSupreme Court of Iowa · 1868
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Torbert v. HaydenSupreme Court of Iowa · 1861
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