Milburn Manufacturing Co. v. Johnson
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarke County. The judgment was rendered by Hunt, J. The sole controversy in this ease is whether a subsequent mortgagee, having actual knowledge of all the facts and circumstances required to be set forth in the affidavit to be attached to a chattel mortgage under our statutes, can take advantage of the fact that the first mortgage is not accompanied by the affidavit required by the statute, and secure priority for his…
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Appeal from, First Judicial District, Lewis and Clarke County. The judgment was rendered by Hunt, J. The sole controversy in this ease is whether a subsequent mortgagee, having actual knowledge of all the facts and circumstances required to be set forth in the affidavit to be attached to a chattel mortgage under our statutes, can take advantage of the fact that the first mortgage is not accompanied by the affidavit required by the statute, and secure priority for his subsequent mortgage over the first. It is a conceded principle of law that as between the parties themselves any mortgage is…
1Opinion of the CourtHarwood, J.
The sole question involved in this appeal will appear by a brief statement of facts: The defendant Johnson was indebted to the plaintiff, Milburn Manufacturing Company, in the sum of eleven hundred dollars, to secure the payment of which Johnson executed a mortgage upon a certain chattel; but the mortgage failed to conform to the requirements of the statute, in that the possession of the mortgaged chattel remained with the mortgagor, Johnson, according to a provision in the mortgage to that effect, and the mortgage was not “accompanied by an affidavit of all the parties thereto,” either…
2Cases cited3 opinions
- Leopold v. SilvermanMontana Supreme Court · 1888
- Butte Hardware Co. v. SullivanMontana Supreme Court · 1888
- Baker v. PowerMontana Supreme Court · 1888
3Cited by7 opinions
- Wilson v. HarrisMontana Supreme Court · 1898
- Montana Meat Co. v. Missoula Livestock Auction Co.Montana Supreme Court · 1951
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1896
- Herrick v. First National BankCourt of Appeals for the Ninth Circuit · 1923
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