Defiance Machine Works v. Trisler
Missouri Court of Appeals
Error to the Washington County Circuit Court, John L. Thomas, Judge. The defendant had no notice of the conditions of the sale. Rev. Stat., sect. 2507. The deed of trust covered the machine as soon as it was placed in the factory. Wright v. Bircher, 72 Mo. 179; Railroad v. Cowdrey, 11 Wall. 459; Frank v. Playter, 73 Mo. 673; Rutherford v. Stewart, 79 Mo. 216. The title to the machine did not pass.
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Error to the Washington County Circuit Court, John L. Thomas, Judge. The defendant had no notice of the conditions of the sale. Rev. Stat., sect. 2507. The deed of trust covered the machine as soon as it was placed in the factory. Wright v. Bircher, 72 Mo. 179; Railroad v. Cowdrey, 11 Wall. 459; Frank v. Playter, 73 Mo. 673; Rutherford v. Stewart, 79 Mo. 216. The title to the machine did not pass. Benj. on Sales, sect. 320; Dennefelser v. Weigel, 27 Mo. 45; Ridgeway v. Kennedy, 52 Mo. 24; 21 Am. Law Reg. 217; Ballard v. Burgett, 40 N. Y. 314; Austin v. Dye, 46 N. Y. 500; Enlow v. Klein, 79…
1Opinion of the CourtThompson, J.
This is an action of replevin for a machine called, a hub lathe; submitted to the court on an agreed statement of facts. The verdict and judgment were for the plaintiff. The facts were that the defendant was a beneficiary in a deed of trust, duly recorded, embracing the hub factory of Shuman, • Hickman & Company, at Potosi, Missouri, which deed, by its terms, covered any machinery, tools, and fixtures which might thereafter be acquired by Shuman, Hickman & Company, and placed on the premises; that thereafter the plaintiff sold to Shuman, Hickman & Company, on credit, to be paid for in…
2Cases cited6 opinions
- Parmlee v. CatherwoodSupreme Court of Missouri · 1865
- Little v. PageSupreme Court of Missouri · 1869
- Ridgeway v. KennedySupreme Court of Missouri · 1873
- Griffin v. PughSupreme Court of Missouri · 1869
- Matthews v. McElroySupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Warren v. LiddellSupreme Court of Alabama · 1895
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Brooks v. TynerSupreme Court of Oklahoma · 1913
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Tufts v. ThompsonMissouri Court of Appeals · 1886
7 more not listed; retrieve them via the Exa API.