State ex rel. Pate Bros. Moulding Co. v. Althaus
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Coart. — Hon. James E. Withrow, Judge. (1) A creditor has the right to levy upon the interest of the mortgagor in personal property, and to sell such interest before the condition of the mortgage is broken, and such sale does not create a cause of action in favor of the mortgagee against the execution creditor. State to u,se v. Carroll, 24 Mo. App. 358; Chandler v. West, 37 Mo. App. 631; Boeger v. Langenberg, 42 Mo.
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Appeal from the St. Louis City Circuit Coart. — Hon. James E. Withrow, Judge. (1) A creditor has the right to levy upon the interest of the mortgagor in personal property, and to sell such interest before the condition of the mortgage is broken, and such sale does not create a cause of action in favor of the mortgagee against the execution creditor. State to u,se v. Carroll, 24 Mo. App. 358; Chandler v. West, 37 Mo. App. 631; Boeger v. Langenberg, 42 Mo. App. 7; Lafayette Bank v. Metcalf, 29 Mo. App. 391; Spring gate v. Koppelmann, 51 Mo. App. 6; Hellman v. Pollock, '47 Mo. App. 205; Pollock…
1Opinion of the CourtBond, J.
On December 8, 1890, the Strudel Mirror Company, a trading corporation, executed a chattel mortgage on a portion of their stock in trade to the Pape Brothers Moulding Company, also a business corporation, to secure an indebtedness of $1,092.75, evidenced by four promissory notes, maturing in thirty, sixty, seventy-five and ninety days. The mortgage provided that the property therein described was to be kept at number 14 South Commercial street, St. Louis, Missouri, and not removed therefrom; that, in case of sale or removal, or attempt to sell or remove, the mortgagee might take possession,…
2Cases cited9 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Chandler v. WestMissouri Court of Appeals · 1889
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
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3Cited by3 opinions
- Williamson v. WylieMissouri Court of Appeals · 1897
- Straub v. SimpsonMissouri Court of Appeals · 1898
- State ex rel. St. Louis Brewing Ass'n v. MurphyMissouri Court of Appeals · 1895