Legal Opinion

Nash v. Norment

Missouri Court of Appeals

Decided April 16, 1878PublishedCited by 23 opinions

Appeal from- St. Louis Circuit Court. Where a married woman carries on business in her own name in this State, equity will pay her business creditors out of her stock in trade. — Tuttle v. Hoag, 46 Mo. 43; Miller v. Brown, 47 Mo. 507. The chattel mortgage in this case is void. — Billingsley v. Bunoe, 28 Mo. 547 ; Reed v. Pelletier, 28 Mo. 173 ; BrooJcs v. Wimer, 20 Mo. 503; Milburn v. Waugh, 11 Mo. 369.

1Opinion of the CourtBakewell, J.

This is a bill in equity to set aside a mortgage upon personal property given by a married woman, and to subject the proceeds of the property to the payment of an alleged indebtedness by the married woman to plaintiffs. The defendants were the married woman and her husband, the mortgagee, and the firm of auctioneers by whom the property had been sold by direction of the parties to the mortgage, and who had the proceeds. The auctioneers having-paid the money into court, the proceeding was dismissed as to them.

*546It appears from the pleadings and evidence in the case that, in March, 1876, Virginia…

2Cases cited2 opinions

  1. Wade v. JonesSupreme Court of Missouri · 1854
  2. State v. SlaterSupreme Court of Missouri · 1856

3Cited by23 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Dobyns v. MeyerSupreme Court of Missouri · 1888
  3. Somers v. SomersSouth Dakota Supreme Court · 1911
  4. Jetton Lumber Co. v. HallSupreme Court of Florida · 1914
  5. Frick Co. v. OatsSupreme Court of Oklahoma · 1908

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