Pritchard v. Hooker & Nixdorf
Missouri Court of Appeals
Appeal from Miller Circuit Court. — Eon. James E. Easell, Judge. (1) The instruction, in the nature of a demurrer to the testimony, should have been given for the reason that it appears on the face of the mortgage that the mortgagor was to retain possession of the property and sell and dispose of the same and turn the money over to the plaintiff, who was the mortgagee. Mercantile Co. v. Perkins, 63 Mo. App. 314; Randol v. Buchanan, 61 Mo.
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Appeal from Miller Circuit Court. — Eon. James E. Easell, Judge. (1) The instruction, in the nature of a demurrer to the testimony, should have been given for the reason that it appears on the face of the mortgage that the mortgagor was to retain possession of the property and sell and dispose of the same and turn the money over to the plaintiff, who was the mortgagee. Mercantile Co. v. Perkins, 63 Mo. App. 314; Randol v. Buchanan, 61 Mo. App. 445; Bryan v. Johnson, 93 Iowa 423; Warren v. Creditors, 3 Wash. 48; Pilgo v. Bank, 38 S. W. 237. (2) He fails to identify the property at Bagnell as…
1Opinion of the CourtJohnson, J.
Action for damages resulting from the conversion of 1875 railroad ties. Plaintiff recovered judgment in the sum of five hundred dollars and defendants appealed.
At the trial plaintiff claimed title to the property under a chattel mortgage, executed by James T. Williams, to secure the payment of a negotiable promissory note for $500,' dated July 1, 1902, due six months after date, and payable to the order of plaintiff. The mortgage was duly filed for record August 30, 1902. The ties are alleged to have been converted by defendants on November 1st, following. The mortgage provided for the…
2Cases cited5 opinions
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
- Stevens v. SpringerMissouri Court of Appeals · 1886
- Jenks v. GlennMissouri Court of Appeals · 1900
3Cited by6 opinions
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
- Morris v. Kansas CityMissouri Court of Appeals · 1906
- Farmers State Bank of Cameron v. GarrisonMissouri Court of Appeals · 1961
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- First National Bank v. BennettMissouri Court of Appeals · 1905
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