J. W. Wood & Co. v. Hall
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. Noai-i M. Hi van, Judge. Statement of case by the court. This is a proceeding of garnishment on execution, against Hall, as garnishee of Love. A general execution was issued from the circuit court, on May 9, 1881, in favor of the plaintiffs against Love, and on May 10, 1881, Hall was summoned as garnishee on said execution, to appear at the June term, 1881, to answer interrogatories.
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Appeal from Jasper Circuit Court, Hon. Noai-i M. Hi van, Judge. Statement of case by the court. This is a proceeding of garnishment on execution, against Hall, as garnishee of Love. A general execution was issued from the circuit court, on May 9, 1881, in favor of the plaintiffs against Love, and on May 10, 1881, Hall was summoned as garnishee on said execution, to appear at the June term, 1881, to answer interrogatories. On the eighteenth day of June, 1881, to the usual interrogatories filed by plaintiffs, the garnishee answered, denying all indebtedness, etc. The plaintiffs’ denial of the…
1Opinion of the CourtHall, J.
For the; purposes of this case, we shall assume that the chattel mortgage executed by Love to Hall the garnishee, was, as to the creditors of Love, void, on account of the power therein conferred upon Love to retain possession of the stock of goods, and to sell the same in the usual course of trade, etc.
But how does- the invalidity of the chattel mortgage benefit the plaintiffs, under the facts of this case ?
The mortgage. was invalid as to the mortgagor’s creditors because it was to his use, and, therefore, in violation of section 2496, Revised Statutes. The mortgage was to his use because it…
2Cases cited4 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Nash v. NormentMissouri Court of Appeals · 1878
- Armstrong v. TuttleSupreme Court of Missouri · 1864
3Cited by5 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944