In re Haskvitz

104 F. Supp. 173, 1952 U.S. Dist. LEXIS 4282
CourtDistrict Court, D. Minnesota
DecidedMarch 24, 1952
DocketNos. 18280, 18279, 18641
StatusPublished
Cited by1 cases

This text of 104 F. Supp. 173 (In re Haskvitz) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Haskvitz, 104 F. Supp. 173, 1952 U.S. Dist. LEXIS 4282 (mnd 1952).

Opinion

NORDBYE, Chief Judge.

On or about May 8, 1950, the National Cash Register Company, hereinafter sometimes called the register company, sold two cash registers under two separate conditional sales contracts to Park Plaza, a co-partnership consisting of Harold Aved and Robert Haskvitz. Each contract reserved title to the register company until the purchase price was fully paid and was signed “Park Plaza, by Harold Aved.” The partnership address was given in the contract, and at all times material herein was, 6508 W. Lake St. This address is in St. Louis Park, Minnesota, which is a municipality immediately adjacent to Minneapolis. Each contract was filed in the office of the register of deeds for Hennepin County, Minnesota, on or about June 15, 1950. Both Minneapolis and St. Louis Park are located in Hennepin County.

The partners and the partnership now have been declared bankrupts by this Court, and the cash register company has filed secured claims for the amount still due on the cash registers. The Referee in Bankruptcy denied the register company’s reclamation petition. He ruled that because the conditional sales contracts had been filed in the register of deeds’ office of Plennepin County rather than in the office of the village recorder for St. Louis Park, Minnesota, where the partnership resided and the property was located, the contracts were void as against the Trustee in Bankruptcy. The cash register company brings review of that order to this Court. The issue certified 'by the Referee is,

“1. Is the filing and recordation of conditional sales contracts proper under the laws of Minnesota where such filing and recordation is in the office of the Register of Deeds of Hennepin County, Minnesota, and the vendee named in and the property covered by the contracts are situated at all times in the incorporated Village of St. Louis Park in Hennepin County, Minnesota ?”

Consequently, the sole issue presented here is whether the conditional sales contracts were recorded in the correct office. If they were not, they are void as against creditors of the bankrupt, Minnesota Statutes Annotated, § 511.18, and therefore as against the Trustee in Bankruptcy.

Section 511.18 of Minnesota Statutes Annotated provides that a conditional sales contract shall be void as to creditors of the vendee “unless the note or contract, or a copy thereof * * * be filed as in the case of a chattel mortgage.” Section 511.04 states that a properly executed chattel mortgage

“ * * * may be filed with the clerk or recorder of the town or municipality in which the mortgagor resided at the time of its execution, if a resident of the state, or of that in which the property was then situated, if a nonresident. If such place be in an unorganized town, the filing may be with the register of deeds of the county. Duplicates of such mortgage, or copies thereof certified by any officer with whom it has been properly filed, may be filed in other places wherein any part of such property was situated when the same was made.”

Section 511.20 provides,

“(1) Any bill of sale, instrument evidencing a lien on, or reserving title to personal property and satisfactions of liens on personal property, shall be filed with the register of deeds in the [176]*176county in which the personal property is situate.”1

Section 511.26 provides,

“Sections 511.20 to 511.26 shall not apply to cities of the first class, nor to counties wherein the salary of the register of deeds is fixed by special law.”

These statutes are the ones which govern filing, of conditional sales contracts and chattel mortgages in the instant situation, and therefore the question is whether Sections 511.04 and 511.26 or Section 511.20'(1) applies here.

At the outset it is apparent that the meaning of these statutes is confusing and uncertain under the literal application of their provisions. For Section 511.20(1) uses situs of the personal property as the element which relates the instrument to the. geographical area and to the office wherein it must be filed. • Section 511.04, as written, however, uses the residence of the mortgagor as the element which relates the instrument to the geographical area and to the office wherein the instrument must be filed. Section 511.26 refers only to geographical areas. When the situs of the property and the residence of the mortgagor do not coincide, and when only the mortgagor’s residence or only the property’s situs is in one of the areas mentioned in 511.26, the problem of where to fiie the instrument becomes acute. The confusion and uncertainty which exists among the bar in these situations requires a determination of the true meaning of these statutes. Such a determination will determine the statutes’ meanings with respect to the case now before the Court. A consideration of the' statutes’ history and the interpretations applied to them by the Minnesota Supreme Court is revealing.

Section 511.04 traces its origin to- Sections 2 and 5 of Chapter 33, Minnesota Session Laws of 1860. It first appeared in the form now appearing as 511.04 when it became Section 3462 of the Minnesota Revised Laws of 1905. Broadly speaking, Section 3462 specified where a chattel mortgage must be filed. But specifically it provided two factors for determining where the instrument should be filed. They were: (1) the geographical area wherein the instrument must be filed — i. e., the organized municipality or (if the debtor resided in an unorganized town) the county wherein the debtor resided, and (2) the particular office wherein the instrument must be filed within the specified geographical area — i. e., the office of the clerk or recorder of the particular organized municipality wherein the debtor resided, or in the office of the county register of deeds if the debtor resided in an unorganized town. Those provisions of Section 3462 and the requirements they enunciate have continued from 1905 to date without express amendment or repeal and are printed now as Section 511.04.

In 1913 the Minnesota Legislature enacted Chapter 143 of the Minnesota Session Laws of 1913. That statute was entitled, “An Act to provide for the filing of chattel mortgages, bills of sale of chattels, and conditional sale contracts in the office of the register of deeds of the several counties; providing for the transfer of such-instruments now on file with clerks and recorders of municipalities, and the records and record books of the same, to the offices of register of deeds * * * for filing such instruments.” (Italics supplied.) 2 [177]*177The question becomes,. What was the effect of Chapter 143 upon Section 3462? Section 1 of Chapter 143 prohibited the filing of chattel mortgages, conditional sales con[178]*178tracts, and bills of sales with the city clerk or village recorder after July 1, 1913. Section 2 required all such future instruments to be filed with the register of deeds of the county wherein the mortgagor or vendee resided, and Section 3 required the register of deeds to accept the instruments for filing. The other sections of Chapter 143, except Sections 5, 9 and 10, provided for the carrying out of the Act’s provisions, including the turning over by the municipal recorders and clerks to the register of deeds for their county all instruments previously recorded by the municipal clerk or recorder.

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899 N.W.2d 120 (Supreme Court of Minnesota, 2017)

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Bluebook (online)
104 F. Supp. 173, 1952 U.S. Dist. LEXIS 4282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-haskvitz-mnd-1952.