Reports of the Decisions of the Court of Appeals of the State of Colorado Volume 24

Reports of the Decisions of the Court of Appeals of the State of Colorado Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... with my eonclusion, that the provision was inserted for this purpose only, "to remove the temptation from anxious expectants," but not to defeat a recovery, by innocent heirs, because of the irresponsible act of an insane beneficiary, who killed himself, thus annihilating any suspicion that he was an anxious expectant. The construction of this provision adopted by the majority opinion is disastrous in its effect. Under such construction, no recovery could be had by the heirs if a husband should attempt to catch a runaway horse carrying his wife to certain death, in case the horse should stumble over and kill the husband, and, falling, kill the wife; because, forsooth, the proviso says, if he "accidentally or indirectly cause the death," the fund reverts to the Grand ('ircle. Further illustrations are unnecessary. The provision destroys itself unless it is given a reasonable construction in harmony with the beneficent purposes of the order. 1. CHATTEL MonTGAGE--Lien. A chattel mortgage conforming to the statute and duly recorded, confers a lien paramount to any subsequent lien created by any contract of any kind to which the mortgagee is not a party. 2. Z Duty of Mortgagee. Mortgagee of chattels, who, being advised that a receiver has been appointed of the properties of the mortgagor, seasonably notifies him of the mortgage, and prohibits him from assuming possession of the chattels, or incurring any expense in relation thereto, is not required to take further action or make further inquiry. He is not responsible to one to whom the receiver afterwards entrusts the animals for maintenance. 3. Z E.-rtensi'on--When Mortgagee Must Assume Possession. Where a chattel mortgage is extended by proceeding in conformity...
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Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • United States
  • English
  • black & white illustrations
  • 1236893123
  • 9781236893123