La Crosse Boot & Shoe Manuf'g Co. v. Mons Anderson Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J O. Andrews, Judge. Action in conversion. From a judgment in favor of plaintiff against certain of the defendants, and from an order denying their motion for a new trial, such defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Brookings county. Hon. J O. Andrews, Judge. Action in conversion. From a judgment in favor of plaintiff against certain of the defendants, and from an order denying their motion for a new trial, such defendants appeal. The facts are stated in the opinion. Where a first mortgagee sells the mortgaged property without foreclosing, he is answerable to the second mortgagee in no case to exceed the difference between the market value of the goods converted and the amount of the first mortgage. Lovejoy v. Bank, 67 N. W. (N. D.) 956; Callen v. Rose, 66 N. W. 639.
1Opinion of the CourtFuller, J.
Basing its claim upon a chattel mortgage covering a stock of general merchandise, kept for retail trade, and alleged to have been wrongfully converted by the defendants, plaintiff brought this action, and recovered judgment for the value thereof; and this appeal is from said judgment, and from an order overruling a motion for a new trial.
It is undisputed that appellants Mons Anderson Company and Tolerton & Stetson Company each held mortgages prior and paramount to the mortgage upon which respondent relies and the essential facts with reference thereto may be stated more specifically as…
2Cases cited3 opinions
- Bush v. GoldenSupreme Court of Connecticut · 1846
- Pollak v. DavidsonSupreme Court of Alabama · 1888
- Ryder v. RushIllinois Supreme Court · 1882
3Cited by4 opinions
- La Crosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1900
- Cowart v. AllenSupreme Court of Oklahoma · 1913
- LaCrosse Boot & Shoe Mfg. Co. v. Mons Anderson Co.South Dakota Supreme Court · 1901
- Rua v. WatsonSouth Dakota Supreme Court · 1900