Weber Implement Co. v. Dunard
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Ron. B. R. Dyer, Judge. (1) The court erred in refusing to direct a verdict for plaintiff. Plaintiff’s paper evidence made a prima facie case and defendant failed to show a prior existing lien on or title to the property. Turner v. Langdon, 85' Mo. 438. The note was paid off before assignment to Joe. Dunlap' v. Kelly, 115 Mo. App. 610; 22 Cyc., p. 1536', par.
Read the full summary
Appeal from Pike Circuit Court. — Ron. B. R. Dyer, Judge. (1) The court erred in refusing to direct a verdict for plaintiff. Plaintiff’s paper evidence made a prima facie case and defendant failed to show a prior existing lien on or title to the property. Turner v. Langdon, 85' Mo. 438. The note was paid off before assignment to Joe. Dunlap' v. Kelly, 115 Mo. App. 610; 22 Cyc., p. 1536', par. A, subd. 1 and 2. (2) The court erred in giving defendant’s instruction No. 3. Defendant had only a special interest in the property, if any, and was not entitled to recover the full value cf the…
1Opinion of the CourtNortoni, J.
This is a suit in replevin. The subject-matter in replevin is one sixteen-horse-power traction engine, No. 2099, of the Reeves & Company manufacture. On a final analysis of the facts, it appears that both plaintiff and defendant claim the right of possession to the' engine under separate chattel mortgages thereon executed by Charles Dunard, the father of defendant, Joseph Dunard. However, it is asserted, too, on the part of defendant that he is en*661titled to the possession because of a purchase of the «engine at a foreclosure sale under the chattel mortgage held by him. But upon an examination…
2Cases cited8 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Lewis v. MasonSupreme Court of Missouri · 1887
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Dodd, Brown & Co. v. WilsonMissouri Court of Appeals · 1887
- Campbell Printing Press & Manufacturing Co. v. RoederMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Chadron Energy Corp. v. First National BankNebraska Supreme Court · 1986
- Fashion Cleaners, Laundries Dyers v. De LongMissouri Court of Appeals · 1946
- Zahner Manufacturing Co. v. HarnishMissouri Court of Appeals · 1932
- Beall v. IngersollMissouri Court of Appeals · 1920
2 more not listed; retrieve them via the Exa API.