Lafayette County Bank v. Metcalf
Missouri Court of Appeals
Appeal from Johnson Circuit Court, IIon. Charles AY. Sloan, Judge. The case is stated in the opinion. I. The petition fails to state facts sufficient to constitute a cause of action, in this: It shows that the plaintiffs, at the date of sale of the cattle by appellants, had neither the right of possession nor the ownership of said cattle.
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Appeal from Johnson Circuit Court, IIon. Charles AY. Sloan, Judge. The case is stated in the opinion. I. The petition fails to state facts sufficient to constitute a cause of action, in this: It shows that the plaintiffs, at the date of sale of the cattle by appellants, had neither the right of possession nor the ownership of said cattle. Barnet v. Timberlalee, 57 Mo. 501; Sheble v. Curdt, 56 Mo. 437; Stonebraleer v. Ford, 81 Mo. 532; Burnet v. Gustafson, 54 la. 36; Caldwell v. Pray, 41 Mich.. 307; s. o., 32 N. W. Rep. 54; Beach v. Derby, 19 111. 617; Spalding v. Mozier, 57 111. 148; Sherman…
1Opinion of the CourtPhilips, P. J.
-The facts of this case, briefly, are about as follows: Taylor B. Winn and James M. Winn borrowed of the plaintiff bank the sum of two thousand dollars, to secure which they executed to Joseph Wilson, as trustee for the bank, a chattel mortgage, in the form of a deed of trust, on eighty-five head of cattle, being fattened on the farm of said Winns, in Lafayette county, for market, together with one hundred and fifty head of hogs following said cattle. The note was payable six months after date. About a month before the maturity of the note, the Winns, being in possession of the cattle,…
2Cases cited22 opinions
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Porter v. JonesSupreme Court of Missouri · 1873
17 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Hickman v. DillMissouri Court of Appeals · 1888
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Chandler v. WestMissouri Court of Appeals · 1889
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
28 more not listed; retrieve them via the Exa API.