Lyons v. Smith
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. J. S. Blover, Judge. (1) This is a suit purely in equity instituted for the purpose of having the chattel mortgage canceled and the only effect of the above section is to determine a rule by which the validity or invalidity of the mortgage may be determined.
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Appeal from Jackson Circuit Court. — Son. J. S. Blover, Judge. (1) This is a suit purely in equity instituted for the purpose of having the chattel mortgage canceled and the only effect of the above section is to determine a rule by which the validity or invalidity of the mortgage may be determined. (2) The. question as to whether or not the plaintiff must refund to the defendant, the amount admitted to have been received in order to obtain a decree, is not so much one of pleading as of performance. Whether the amount actually received is tended back in the petition or not, relief can only be…
1Opinion of the CourtJohnson, J.
On December 18th, 1903, Fred B. Thompson, H. F. Slaughter and J. F. E. Ruhlman, partners doing business in Kansas Oity under the firm name of the Thompson-Slaughter-Ruhlman Engraving Company, executed and delivered to defendant their negotiable promissory note for four hundred dollars, due one month after date, bearing interest froni date at the rate of eight per cent per annum. At the same time, for the purpose of securing the payment of the note, they also executed and delivered to defendant a chattel mortgage covering their partnership property. They were in financial straits and shortly…
2Cases cited8 opinions
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
- David Adler & Sons Clothing Co. v. CorlSupreme Court of Missouri · 1900
- Drennon v. DalincourtMissouri Court of Appeals · 1894
- Voorhis v. StaedMissouri Court of Appeals · 1895
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3Cited by2 opinions
- Smith v. BeckerMissouri Court of Appeals · 1916
- Henderson v. TolmanMissouri Court of Appeals · 1908