Sedalia National Bank v. Cassidy Bros. Live Stock Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The defendant claims under the Hess mortgage and as an individual creditor of Hess. Such claim is worthless and such mortgage is utterly void as to the firm creditors whether the firm is solvent or insolvent, hut especially when insolvent (as here). Jones on Chattel Mortgages (4 Ed.), sec. 45; Ewart v. Nave-McCord, etc.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The defendant claims under the Hess mortgage and as an individual creditor of Hess. Such claim is worthless and such mortgage is utterly void as to the firm creditors whether the firm is solvent or insolvent, hut especially when insolvent (as here). Jones on Chattel Mortgages (4 Ed.), sec. 45; Ewart v. Nave-McCord, etc. Co., 130 Mo. 117, 31 S. W. 1041; Harvey et al. v. Stephens, 159 Mo. 486, 60 S. W. 1055; Implement Co. v. Corbin, 83 Mo. App. 438. (2) Even without a mortgage we could pursue the proceeds of the firm…
1Opinion of the CourtBland, P. J.
(after stating the facts). — It seems to us that the state of facts, as shown by the record in this case, is sufficient to sustain the finding of the learned trial judge, who certainly found the issues as they should have been found and rendered the proper judgment.in the case. The cattle mortgaged to the bank were kept in hand, located and accounted for every day from the dáy they arrived from Kansas City, Missouri, to the day that they were put in the pens of the National Stock Yards at East St. Louis and sold on the market by the defendant; while the seventy-five head of cattle, if there…
2Cases cited3 opinions
- Rock Island Implement Co. v. Sloan & CorbinMissouri Court of Appeals · 1900
- Ewart v. Nave-McCord Mercantile Co.Supreme Court of Missouri · 1895
- Harvey v. StephensSupreme Court of Missouri · 1901