Legal Opinion

Grand Island Banking Co. v. Frey

Nebraska Supreme Court

Decided July 15, 1888PublishedCited by 6 opinions

Appeal from the district court of Custer county. Tried below before Hamer, J. cited: Cool v. Roche, Hall ■& Ray, 20 Neb., 660. Hait v. Remide, 20 N. H., 285. Whitney v. Heywood, 6 Cush., 82. Barrows v. Turner, 50 Me., 127. Hide v. Williams, 17 Barb., 523.. Kanoga v. Taylor, 7 Ohio State, 134. Smith v. McLeon, 24 Iowa, 322. Bank of 77. S. v. Boris, 2 Hill, N. Y., 451. Bank ■cited: Jones on Chattel Mortgages, Sec. 129.

1Opinion of the CourtMaxwell, J.

This action was brought in the district court of Custer •county, to foreclose a chattel mortgage on certain mill machinery, which constituted the motive power of the mill operated by the Broken Bow Roller Milling Company.

The facts as shown by the evidence are, in substance, as follows: John G. Schaupp and Son were, during the year 1885, the owners of and operating an extensive flouring mill at Grand Island, known as Planet Roller Mills; the plaintiff was their banker, to whom they then owed abouf $13,000. To secure this indebtedness and future advances they made a mortgage on the mill…

2Cases cited3 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Hicks v. WilliamsNew York Supreme Court · 1854
  3. Cool v. RocheNebraska Supreme Court · 1886

3Cited by6 opinions

  1. M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
  2. Murray Co. v. Chickasha Cotton Oil Co.Supreme Court of Oklahoma · 1918
  3. G. A. Crancer Co. v. CooperNebraska Supreme Court · 1915
  4. Young v. Boise Payette Lumber Co.Idaho Supreme Court · 1928
  5. Drycleaners Acceptance Corp. v. ThurstonNebraska Supreme Court · 1966

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