Walter A. Wood M. & R. M. Co. v. Minneapolis & N. E. Co.
Supreme Court of Minnesota
Appeal by defendant, Minneapolis & Northern Elevator Company, from an order of the district court of Hennepin county, Hooker, J., made August 3, 1891, overruling its demurrer to the complaint.
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Appeal by defendant, Minneapolis & Northern Elevator Company, from an order of the district court of Hennepin county, Hooker, J., made August 3, 1891, overruling its demurrer to the complaint. This action was commenced January 14, 1891. The complaint stated that Duncan McKellar on August 10, 1889, made and delivered to the plaintiff, Walter A. Wood Mowing & Eeaping Machine Company, a mortgage on 40 acres of wheat to be raised in each of the years 1890 and 1891 on the northeast quarter of section four, (4,) township 161, range 76, in Bottineau county, N. D., containing 160 acres, and then in…
1Opinion of the CourtYanderburgh, J.
The plaintiff claims to be entitled to certain wheat in defendant’s possession by virtue of a chattel mortgage made by one McKellar, who raised the wheat, and is alleged to have wrongfully sold and delivered the same to the defendant, notwithstanding *406the mortgage. The mortgage was dated August 10, 1889. It was given to secure two notes, of $70 each, and was intended to cover a part of the next year’s crop of the mortgagor; the description therein being as follows: “All the crops, wheat, oats, barley, flax, and corn, that shall be sown, planted, grown, raised, or harvested during the years A.…
2Cases cited2 opinions
- Ludlum v. RothschildSupreme Court of Minnesota · 1889
- Souders v. VoorheesSupreme Court of Kansas · 1887
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- Hagen v. DwyerNorth Dakota Supreme Court · 1917
- Wattles v. CobbNebraska Supreme Court · 1900
- Harley v. HarleyWisconsin Supreme Court · 1909
- Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
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