Stein v. Munch
Supreme Court of Minnesota
This action was brought upon certain promissory notes, originally secured by a chattel mortgage upon a stock of drugs, and indorsed by the defendant Munch.
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This action was brought upon certain promissory notes, originally secured by a chattel mortgage upon a stock of drugs, and indorsed by the defendant Munch. At the time of the delivery of the notes and mortgage, and with the knowledge of the said Munch, it was stipulated between the mortgagor and mortgagee that the former should keep and retain possession of the mortgaged property, and should continue and carry on the retail drug business with the said stock of drugs, and should sell and dispose of the same in the usual course of business as his own. The said mortgagor under this stipulation…
1Opinion of the CourtBerry, J.
The court below finds that at the time of the execution and delivery of the chattel mortgage involved in this action it was stipulated, by and between the mortgagor and the mortgagee, that the mortgagor should retain possession of the mortgaged property; that he should continue and carry on the retail drug business, with the stock of drugs, etc., *394(being the property mortgaged,) in his own name, and that bee should sell and dispose of the same in the usual course of business, and as his own. This stipulation made the mortgage fraudulent and void, as respected the mortgagor’s creditors. Horton…
2Cases cited4 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Delaware v. EnsignNew York Supreme Court · 1855
- Blakeslee v. RossmanWisconsin Supreme Court · 1878
3Cited by18 opinions
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Gallagher v. RosenfieldSupreme Court of Minnesota · 1891
- Mann v. FlowerSupreme Court of Minnesota · 1879
- Jackson v. KincaidSupreme Court of Oklahoma · 1896
- Newell v. WagnessNorth Dakota Supreme Court · 1890
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