Atwood v. Hale
Missouri Court of Appeals
Appeal from Carroll Circuit Court, Hon. J. M. .Davis, Judge. Statement of case by the court: In January, 1880, the defendant, Bracken, was the owner and in possession of a stock of goods in the town of Carrollton, Carroll county. On the -29th day of that month he executed a chattel mortgage thereon to one John Strieker, to secure to him a debt of $533.70; which said mortgage was duly acknowledged and put to record of same date.
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Appeal from Carroll Circuit Court, Hon. J. M. .Davis, Judge. Statement of case by the court: In January, 1880, the defendant, Bracken, was the owner and in possession of a stock of goods in the town of Carrollton, Carroll county. On the -29th day of that month he executed a chattel mortgage thereon to one John Strieker, to secure to him a debt of $533.70; which said mortgage was duly acknowledged and put to record of same date. By the terms of the mortgage the mortgagee took immediate possession of the property, -with a power to proceed to sell in the usual course of business, to realize…
1Opinion of the Court
Opinion by
Philips, P. J.
I. The judgment in this case cannot stand, if for no other objection, because it awards ten per cent, interest from date of its rendition. W e know of no statute authorizing a rate of interest on a judgment against a garnishee, different from that in other judgments at law. The statute (Rev. Stat. sects. 2723, 2725) prescribes the rate of interest in this instance as not exceeding six per cent. Had either Bracken or Stricker recovered judgment against Hale & Eads for the money in their, hands, the judgment would not have borne over six per cent, interest-. It is too…
2Cases cited2 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Bates v. ButlerSupreme Judicial Court of Maine · 1859
3Cited by14 opinions
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- German v. Universal Oil Products Co.District Court, W.D. Missouri · 1934
- Young v. Bank of PrincetonMissouri Court of Appeals · 1903
- Beckham v. CarterMissouri Court of Appeals · 1885
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