Carroll v. Nisbet

Citations

• 9 S.D. 497
• 70 N.W. 634
• 1897 S.D. LEXIS 87

Syllabus

<p>1. An assignment of error based on the direction of a verdict presents a reviewable question of law, though the denial of a new trial is not assigned as error.</p> <p>2. A chattel mortgagee in Illinois, who permits the mortgagor to take the chattels into another state, on an agreement that a duplicate mortgage should be executed and filed in such other state when the chattels arrived there, and fails to file the first mortgage in Illinois until the chattels are removed, whereby it ‘does not become constructive notice (Rev. St. 111. Chap. 95, Sec. 4) thereby waives his priority as against one who in good faith takes a mortgage on the chattels in such other state, the duplicate mortgage not having been executed.</p>