Brande v. Babcock Hardware Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. E. Loud, Judge. Action by L. L. Brande against the A. L. Babcock Hardware Company. Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Yellowstone County; C. E. Loud, Judge. Action by L. L. Brande against the A. L. Babcock Hardware Company. Judgment for defendant, and plaintiff appeals. Does a purchaser of a crop after severance, with full knowledge of a chattel mortgage thereon, away from the premises on which it was grown, take the same discharged from the mortgage 1 The following authorities answer this question in the negative: Martin v. Thompson, 63 Cal. 4; Wilson v. Prouty, 70 Cal. 196, 11 Pac. 608; Byrnes v. Hatch, 77 Cal. 241, 19 Pac. 482; Chittenden v. Pratt, 89 Cal. 178, 26 Pac. 626;…
1Opinion of the CourtJustice Smith
This action was begun to recover the sum of $504, the alleged value of certain wheat sold by one Farr to the defendant company, upon which plaintiff held a chattel mortgage, of which defendant is alleged to have had notice. At the close of the testimony, the court directed the jury to return a verdict for the *259defendant, and upon such verdict judgment was entered. From that judgment the plaintiff has appealed to this court.
It appears that on the twenty-ninth day of December, 1903, Farr made, executed, and delivered to plaintiff his promissory note, and on the same day, to secure the note, made…
2Cases cited2 opinions
- King v. AllenMontana Supreme Court · 1903
- Horgan v. ZanettaCalifornia Supreme Court · 1895
3Cited by13 opinions
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Gahagan v. GuglerMontana Supreme Court · 1935
- Dewell v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
- Caroline State Bank v. AndrewsWisconsin Supreme Court · 1931
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