J. H. North Furniture & Carpet Co. v. Davis
Missouri Court of Appeals
Appeal from tbe Ray Circuit Court. — Hon H. J. Broaddus, Judge. (1) Any person witb ordinary intelligence and honesty could identify the property, aided by the inquiry which the mortgage suggested. This is all that the law requires. Campbell v. Allen, 38 Mo. App. 31; State ex rel. v. Cabanne, 14 Mo. App. 295; 5 Am. & Eng. Ency. of Law (2 Ed.), p. 956; McNichols v. Ery, 62 Mo. App. 13; Ranney v. Meisenheimer, 61 Mo. App. 434; Williamson v. Bank, 69 Mo.
Read the full summary
Appeal from tbe Ray Circuit Court. — Hon H. J. Broaddus, Judge. (1) Any person witb ordinary intelligence and honesty could identify the property, aided by the inquiry which the mortgage suggested. This is all that the law requires. Campbell v. Allen, 38 Mo. App. 31; State ex rel. v. Cabanne, 14 Mo. App. 295; 5 Am. & Eng. Ency. of Law (2 Ed.), p. 956; McNichols v. Ery, 62 Mo. App. 13; Ranney v. Meisenheimer, 61 Mo. App. 434; Williamson v. Bank, 69 Mo. App. 377; Jennings v. Sparkman, 39 Mo. App. 670; Evans-Snyder-Brrel Oo. v. Turner, 143 Mo. 638. (2) The mortgage is good as between the…
1Opinion of the CourtSmith, P. J.
Action in replevin. It will be seen by reference to 76 Mo. App. 512, tbat we there beld tbat tbe chattel mortgage, under which tbe plaintiff claimed to be entitled to possession of tbe property in dispute, was invalid on account of tbe insufficiency of tbe description therein. We may presume tbat tbe trial court on tbe retrial of tbe case adopted tbat view. Tbe question of tbe sufficiency of tbe description in tbe mortgage can not be again raised on tbis appeal. As to tbis case it must be reparded as having been finally determined on tbe former appeal, or as res adjudicata. Hombs v. Corbin,…
2Cases cited6 opinions
- Swayze v. BrideMissouri Court of Appeals · 1889
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Smith v. ZimmermanMissouri Court of Appeals · 1892
- Voss v. McGuireMissouri Court of Appeals · 1887
- J. H. North Furniture & Carpet Co. v. DavisMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Barker v. McKellarIdaho Supreme Court · 1930