Title Guaranty & Surety Co. v. Witmire

Citations

• 195 F. 41
• 115 C.C.A. 43
• 1912 U.S. App. LEXIS 1337

Syllabus

<p>1. Contracts (§ 144*)—Construction—What Law Governs.</p> <p>A contract to he per Conned in Minnesota, and concerning property to be transferred there, is governed by the laws of that state, though made in Illinois.</p> <p>[Ed. Note.—For other cases, see Contracts, Cent. Dig. §§ 724-727; Dec. Dig. § 144.*]</p> <p>2. Chattel Mortgages (§ 5*)—Instruments Constituting.</p> <p>Ditch contractors' agreement with their surety to indemnify the latter ' against loss, and reciting that the contractors agreed that, on their being unable to complete the contract, they would assign and did assign to the surety such plant as they might have on the work, was in effect a chattel mortgage of the plant.</p> <p>[Ed. Note.—For other cases, see Chattel Mortgages, Cent. Dig. §§ 4-18, 16; Dec. Dig. § 5.*]</p> <p>8. Chattel Mortgages (§ 18*)—After-Acquired I’iiopekty.</p> <p>The chattel mortgage being a Minnesota contract, after-acquired property at the time of purchase by the contractors became subject to the mortgage.</p> <p>[Ed. Note.-—For other cases, see Chattel Mortgages, Cent. Dig. §§ 61-66; Dec. Dig. § 18.*]</p> <p>4. Bankruptcy (§ 188*)—Chattel Mortgages—Rights of Trustee.</p> <p>Where ditch contractors’ surety became vested with title to the contractors’ plant before their bankruptcy under chattel mortgage agreement, and on account of the contractors’ abandonment of their work, they became entitled to the property as against the contractors’ trustee in bankruptcy.</p> <p>(Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 270, 280-295; Dec. Dig. § 188.*]</p>