Dyer v. Thorstad
Supreme Court of Minnesota
Appeal by plaintiffs (late partners as Dyer & Howard) from an order of the district court for Douglas county, Baxter, J., presiding, refusing a new trial after verdict for defendant. The case is stated in the opinion. The statute avoiding such contracts unless filed is identical in terms with the statutes of Michigan, Ohio, New Jersey, and New York, and substantially the same with those of Arkansas and Nebraska.
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Appeal by plaintiffs (late partners as Dyer & Howard) from an order of the district court for Douglas county, Baxter, J., presiding, refusing a new trial after verdict for defendant. The case is stated in the opinion. The statute avoiding such contracts unless filed is identical in terms with the statutes of Michigan, Ohio, New Jersey, and New York, and substantially the same with those of Arkansas and Nebraska. In each of these states it is held that a failure to file makes the instrument absolutely void even as to persons with actual notice of it. Coopery. Brock, 41 Mich. 488, (2 N. W. Eep.…
1Opinion of the CourtDiokinsoN, J.
This is an action in the nature of replevin, to recover a piano which the defendant had seized under a writ of attachment against one Streeter at the suit of one Deering. The plaintiffs’ asserted title and right of possession are based upon the alleged fact that they, formerly owning the piano, sold it conditionally to Streeter; the written contract of sale, by its terms, reserving the title in the plaintiffs until payment of the price, with the right to retake possession in case of default. Breach of the conditions of payment is alleged.
This contract was not filed in the city of St. Paul,…
2Cases cited4 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
3Cited by13 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- Liquid Carbonic Co. v. BlackSupreme Court of Connecticut · 1925
- National Cordage Co. v. SimsNebraska Supreme Court · 1895
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