Bain v. Arnold
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. J. H. Sl'oveb, Judge. (1) No evidence having been offered as to tbe law of Kansas tbe courts of tbis state will presume that tbe general principles of tbe common law prevail there.
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Appeal from, the Jackson Circuit Court. — Hon. J. H. Sl'oveb, Judge. (1) No evidence having been offered as to tbe law of Kansas tbe courts of tbis state will presume that tbe general principles of tbe common law prevail there. Morrissey r>. Ferry Co., 47 Mo. 521, 525. (2) Tbe common-law rule is thus stated by Mr. Boone in bis valuable work on Mortgages : “ By tbe rule of tbe common law, a mortgage of chattels was invalid as against third persons unless tbe property was delivered to tbe mortgagee and tbe possession thereof retained by him. Independently of any statutory provision, a manual…
1Opinion of the CourtGill, J.
This is an action of replevin brought for the recovery of two horses. The suit originated before a justice of the peace at Kansas City, was tried anew on appeal before the circuit court of Jackson county, where plaintiffs had judgment and defendant appeals to this court.
For the purpose of an understanding of the points decided here, it is sufficient now to say that plaintiffs’ claim is based on an alleged chattel mortgage made to them as mortgagees on July 11, 1885, by one L. M. Hendron in Leavenworth county, Kansas, to secure a debt of one hundred and fifty dollars which said Hendron owed to…
2Cases cited5 opinions
- Flato v. MulhallSupreme Court of Missouri · 1880
- White v. ChaneyMissouri Court of Appeals · 1886
- Sloan v. TorrySupreme Court of Missouri · 1883
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1871
- Hofheimer v. LosenMissouri Court of Appeals · 1887
3Cited by7 opinions
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- Clark v. BarnesMissouri Court of Appeals · 1894
- Barnett v. Pemiscot County CourtMissouri Court of Appeals · 1905
- Cooper v. StandleyMissouri Court of Appeals · 1890
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