Legal Opinion

Reynolds v. Strong

North Dakota Supreme Court

Decided April 15, 1901PublishedCited by 3 opinions

Appeal from District Court, Pembina County; Sauter, J. Action by F. W. Reynolds against Josiah Strong. Judgment for plaintiff. Defendant appeals. Mortgages of the earnings of a threshing machine are not valid. Minneapolis Machine Co. v. Skau, 10 S. D. 636, 75 N. W. Rep. 199; Sanwich Mfg. Co. v. Robinson, 49 N. W. Rep. 1031. The description was insufficient in that it did not name the person against whom the earnings were to accrue.

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Appeal from District Court, Pembina County; Sauter, J. Action by F. W. Reynolds against Josiah Strong. Judgment for plaintiff. Defendant appeals. Mortgages of the earnings of a threshing machine are not valid. Minneapolis Machine Co. v. Skau, 10 S. D. 636, 75 N. W. Rep. 199; Sanwich Mfg. Co. v. Robinson, 49 N. W. Rep. 1031. The description was insufficient in that it did not name the person against whom the earnings were to accrue. Minneapolis Machine Co. v. Skau, 10 S. D. 636, 75 N. W. Rep. 199. Nor should the mortgage be a-dragnet covering the whole county. Muir v. Blake, 57 Ia. 655, 11 N.…

1Opinion of the CourtYoung, J.

The single question presented for determination on this appeal is the validity of a certain chattel mortgage upon the future earnings of a threshing rig. Plaintiff is the owner of the mortgage by assignment. The mortgagor did threshing for the defendant during the threshing season of 1899. The amount of his threshing account was $125.50. The plaintiff seeks to recover thereon, and bases his right thereto upon the mortgage in question. The defense attacks the validity of the mortgage, and payment of the account is alleged. The mortgage in question was duly filed in the office of the register…

2Cases cited4 opinions

  1. Union National Bank v. OiumNorth Dakota Supreme Court · 1892
  2. Sykes v. HannawaltNorth Dakota Supreme Court · 1895
  3. Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
  4. Minneapolis Threshing Machine Co. v. SkauSouth Dakota Supreme Court · 1898

3Cited by3 opinions

  1. Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
  2. International Harvester Co. of America v. HansonNorth Dakota Supreme Court · 1917
  3. Maercklein v. MaerckleinNorth Dakota Supreme Court · 1934

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