Lovejoy v. Merchants' State Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Frank L. Lovejoy against the Merchants’ State Bank for conversion. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtWallin, C. J.
The important facts in this case are not in dispute, .and may be summarized: The defendant held a first mortgage on certain personal property to secure an indebtedness of $1,500. The mortgagor voluntarily surrendered the property *624to the mortgagee, and the latter took possession thereof under his mortgage. The defendant did not foreclose the mortgage in any manner, nor attempt to do so, but sold the mortgaged property at private sale for the sum of $1,271.10. The property was sold fairly, and for its full value. The plaintiff is a junior mortgagee, whose mortgage covered the same property, but…
2Cases cited15 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Gruman v. . SmithNew York Court of Appeals · 1880
- Russell v. ButterfieldNew York Supreme Court · 1839
- Smith v. . SavinNew York Court of Appeals · 1894
- Treadwell v. DavisCalifornia Supreme Court · 1868
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- National Bank of Harvey v. International Harvester Co.North Dakota Supreme Court · 1988
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- Hanson v. SkogmanNorth Dakota Supreme Court · 1905
15 more not listed; retrieve them via the Exa API.