Oster v. Mickley
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Stearns county, to recover the possession of two horses. The defendant pleaded as a defence that the plaintiff had executed and delivered to the Aultman & Taylor Company a chattel mortgage upon the horses as security for two notes made and delivered by plaintiff to that company, which mortgage and notes were, before maturity and for value, indorsed, assigned, and transferred to the Mansfield Savings Bank of Ohio,…
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The plaintiff brought this action in the district court for Stearns county, to recover the possession of two horses. The defendant pleaded as a defence that the plaintiff had executed and delivered to the Aultman & Taylor Company a chattel mortgage upon the horses as security for two notes made and delivered by plaintiff to that company, which mortgage and notes were, before maturity and for value, indorsed, assigned, and transferred to the Mansfield Savings Bank of Ohio, and that the defendant, as agent of the bank, had taken possession of the horses under the terms of the mortgage, default…
1Opinion of the CourtMitchell, J.
In Johnson v. Carpenter, 7 Minn 120, (176,) it was held that the privileged character of negotiable paper does not extend to the mortgage by which it is secured, but that the mortgage is subject to the same defences in the hands of an assignee as in the hands of the mortgagee. This case was deliberately followed in Hostetter v. Alexander, 22 Minn. 559. The doctrine of these cases received *247recognition, and was at least impliedly approved, in Blumenthal v. Jassoy, 29 Minn. 177, (12 N. W. Rep. 517.) It is therefore now too late to question it in this court; neither would we have any disposition…
2Cases cited3 opinions
- Deering v. ThomSupreme Court of Minnesota · 1882
- Blumenthal v. JassoySupreme Court of Minnesota · 1882
- Hostetter v. AlexanderSupreme Court of Minnesota · 1876
3Cited by21 opinions
- High v. Supreme Lodge of the WorldSupreme Court of Minnesota · 1943
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- J. I. Case Threshing-Machine Co. v. McKinnonSupreme Court of Minnesota · 1900
- Scott v. AustinSupreme Court of Minnesota · 1887
- Johnson v. HoweSupreme Court of Minnesota · 1929
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