Legal Opinion

First National Bank v. Wood

Supreme Court of Missouri

Decided July 9, 1894PublishedCited by 55 opinions

Appeal from Linn Circuit Court.—Hon. O. D. Bus-. g-ess Judge. (1) The verdict is fully sustained by the evidence. (2) Plaintiff’s instruction number 2 correctly stated the law. Jones on Chattel Mortgages, sec. 56; StonebraTcer v. Ford, 81 Mo. 532; Chandler v. West, 37 Mo. App.635. (3) Besides, defendant’s second instruction presented the same theory of the case as did plaintiffs’ second one and the defendant can not, now -complain of error in plaintiffs’ instructions.

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Appeal from Linn Circuit Court.—Hon. O. D. Bus-. g-ess Judge. (1) The verdict is fully sustained by the evidence. (2) Plaintiff’s instruction number 2 correctly stated the law. Jones on Chattel Mortgages, sec. 56; StonebraTcer v. Ford, 81 Mo. 532; Chandler v. West, 37 Mo. App.635. (3) Besides, defendant’s second instruction presented the same theory of the case as did plaintiffs’ second one and the defendant can not, now -complain of error in plaintiffs’ instructions. Holmes v. Braidivood, 82 Mo. 610; Whetstone v. Shaw, 70 Mo. 575; Walker v. Owen, 79 Mo. 563. (4) Plaintiffs’ instructions…

1Opinion of the CourtMacearlane, J.

This is an actionunder the statutes-to recover possession of one hundred head of two year old steers branded with the letter “H” mostly on the right hip. Under a writ of delivery the cattle were taken from defendant, and delivered to plaintiffs, and the. issue in' the case is as to which of the parties is entitled to the possession. Each party claims under a chattel mortgage from J. W. Hogsett, the original owner.

Plaintiffs claim under a mortgage dated September 30, 1891, which describes the cattle as “three hundred head of two year old steers branded with the letter ‘H’ on the right hip, the…

2Cases cited2 opinions

  1. Hewitt v. SteeleSupreme Court of Missouri · 1893
  2. Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887

3Cited by55 opinions

  1. Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
  2. Smith v. City of SedaliaSupreme Court of Missouri · 1899
  3. King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
  4. Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
  5. City of St. Louis v. SmithSupreme Court of Missouri · 1930

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