Lazarus v. Moran
Missouri Court of Appeals
Appeal from the Si. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. When'plaintiff, as shown by the mortgage, contracted with defendant Moran, “that the horses should remain in Moran’s possession,” he -made his contract subject to the provisions of sections 6730 and 6731 of the statutes. Smith v. Stevens, 36 Minn. 304; Gasev. Allen, 21 Kan. 217; Vette v. Leonori, 42 Mo. App. 224, 225; Johnson v. Mill, 3 Starkie, 172; Williams v. Allsup, 10 0. B. (N. S.), and 100 Eng.
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Appeal from the Si. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. When'plaintiff, as shown by the mortgage, contracted with defendant Moran, “that the horses should remain in Moran’s possession,” he -made his contract subject to the provisions of sections 6730 and 6731 of the statutes. Smith v. Stevens, 36 Minn. 304; Gasev. Allen, 21 Kan. 217; Vette v. Leonori, 42 Mo. App. 224, 225; Johnson v. Mill, 3 Starkie, 172; Williams v. Allsup, 10 0. B. (N. S.), and 100 Eng. Ch. Rep. 416; Scott v. Delahunt, 5 Lansing, 372; Hammond v. Danielson, 126 Mass. 294; Jones on Chattel Mortgages,…
1Opinion of the CourtRombauer, P. J.
The action is replevin, and the contest one between a mortgagee of certain horses, who is the plaintiff in the action, and the mortgagor, and the keeper of the horses, who are the defendants herein. The trial of the. cause by the court without a jury resulted in a judgment for the plaintiff. The errors assigned by the defendants and relied on for reversal are that the verdict is against the evidence, and contrary to the instructions given by the court.
The evidence offered by plaintiff tended to show that he had a valid chattel mortgage on the horses, and that this mortgage was given when the…
2Cases cited11 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Case v. AllenSupreme Court of Arkansas · 1878
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Hanch v. RipleyIndiana Supreme Court · 1890
- McGhee v. EdwardsTennessee Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- MacK Motor Truck Corporation v. WolfeMissouri Court of Appeals · 1957
- Birmingham v. CarrMissouri Court of Appeals · 1917
- Everett v. Barse Live Stock Commission Co.Missouri Court of Appeals · 1906
- Chas. E. Harding & Co. v. KelsoMissouri Court of Appeals · 1902
- Cable & Reed v. DukeMissouri Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.