Fischer Leaf Co. v. Whipple
Missouri Court of Appeals
Appeal from the Buchanm Circuit Court. — Hon. Henry M. Ramey, Judge. * (1) What Flammer said, and what Hadden said Flammer said in their own favor in New York, was inadmissible for any purpose. There is no evidence or claim that anything was done toward ratification prior to levy of attachment.
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Appeal from the Buchanm Circuit Court. — Hon. Henry M. Ramey, Judge. * (1) What Flammer said, and what Hadden said Flammer said in their own favor in New York, was inadmissible for any purpose. There is no evidence or claim that anything was done toward ratification prior to levy of attachment. Criddle v. Griddle, 21 Mo. 522; Jones on Chattel Mortgages [3 Ed.] sec. 104, and cases cited; Darrell v. Donnelly, 38 Mo. 492; Cwrroll v. Frank, 28 Mo. 69; Wilson v. Albert, 89 Mo. 537. (2) There must be some unequivocal act agreeing to or ratifying the execution of the mortgage to make it a contract.…
1Opinion of the CourtEllison, J.
Defendant Whipple was indebted to plaintiff and also to the interpleader. On April 10, 1890, the defendant at St. Joseph, Missouri, without the knowledge of interpleader whose place of business was in New York, signed, acknowledged and had recorded a chattel mortgage on his stock to secure the debt he owed to interpleader. He then immediately telegraphed interpleader in the language of the following dispatch: “Have issued chattel mortgage to you on stock, due one day after sight. Send representative at once.” Interpleader answered in the language of the following dispatch: “Our representative…
2Cases cited13 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Kingsbury v. BurnsideIllinois Supreme Court · 1871
- Welch v. SackettWisconsin Supreme Court · 1860
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Parmelee v. SimpsonSupreme Court of the United States · 1867
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3Cited by7 opinions
- Neely v. BusterCalifornia Court of Appeal · 1920
- Kuh v. GarvinSupreme Court of Missouri · 1894
- Reid v. Alaska Packing Co.Oregon Supreme Court · 1903
- Knoche v. PerryCourt of Appeals of Kansas · 1901
- McDonald Land Co. v. Shapleigh Hardware Co.Supreme Court of Arkansas · 1924
2 more not listed; retrieve them via the Exa API.