Ewart v. Kate Tootle & Co.
Missouri Court of Appeals
Appeal from the BeKalb Circuit Court. — Hon. Chas. H. Goodman, Judge. (1) Tlie court erred in refusing tlie declaration of law prayed for by the plaintiff. The conditions of the mortgage were immediately broken upon its execution;'a forfeiture took place when Ewart took possession of said stock of goods, on the eleventh day of January, 1888. Hug gems v. Fryer, 1 Lans. (N. Y.) 276; Jones on Chattel Mortgages [2 Ed.] sec. 557; Jackson v. Cunningham, 28 Mo.
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Appeal from the BeKalb Circuit Court. — Hon. Chas. H. Goodman, Judge. (1) Tlie court erred in refusing tlie declaration of law prayed for by the plaintiff. The conditions of the mortgage were immediately broken upon its execution;'a forfeiture took place when Ewart took possession of said stock of goods, on the eleventh day of January, 1888. Hug gems v. Fryer, 1 Lans. (N. Y.) 276; Jones on Chattel Mortgages [2 Ed.] sec. 557; Jackson v. Cunningham, 28 Mo. App. 354; Barnett v. Timberlake, 57 Mo. 499; Sheble v. Curdt, 56 Mo. 437; Robinsonv. Campbell, 8 Mo..366, 615; King v. Bailey, •8 Mo. 240;…
1Opinion of the CourtSmith, P. J.
— Kate Tootle & Co., an incorporated mercantile company, brought their action by attachment against Meek & Atterbury, a mercantile partnership, and caused a writ of attachment to be levied upon a certain stock of goods as the property of the partnership. In this action Ewart filed an interplea claiming the absolute ownership of the attached goods. The attaching creditors answered, denying the interpleader’s claim.
The interpleader introduced as the basis of his claim a chattel mortgage dated January 11, 1888, exe*325cuted by Meek to Mm, whereby the latter conveyed to the former an undivided…
2Cases cited6 opinions
- Phelps v. McNeelySupreme Court of Missouri · 1877
- Ackley v. StaehlinSupreme Court of Missouri · 1874
- Flanagan v. AlexanderSupreme Court of Missouri · 1872
- Hausmann v. HopeMissouri Court of Appeals · 1886
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1901