State ex rel. Smith v. Roever
Missouri Court of Appeals
Appeal from the St. Loiús City Circuit Court. — Hon. Daniel Dillon, Judge. Appellants’ first and second instructions should have been given.
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Appeal from the St. Loiús City Circuit Court. — Hon. Daniel Dillon, Judge. Appellants’ first and second instructions should have been given. The assent by Smith to the sale by O’Brien of the eight cows and one horse, not with the purpose of turning over the proceeds to Smith on account of his debt, but to use them to purchase other stock to be the property of the mortgagor, subject to the mortgage, and that the mortgagor should exercise the power of disposition of the property, had the same effect in showing the intention of the parties, as if such a provision had been incorporated in the…
1Opinion of the CourtBiggs, J.
This is an action on an indemnifying bopd, in which the relator recovered a judgment for $179.35. There is no conflict in the evidence touching the following facts. One the first day of July, 1892,. one Thomas O’Brien was indebted to the relator in the sum of $471, for which on that day he executed his promissory note to the relator, due six months after date, with six per cent, interest from date. To secure this note O’Brien, on the same day, executed' chattel .mortgage on certain milch cows, horses and a wagon, which mortgage contained the usual covenants, that *450O’Brien should remain in…
2Cases cited8 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Nash v. NormentMissouri Court of Appeals · 1878
- Joseph, Nelke & Co. v. BoldridgeMissouri Court of Appeals · 1891
- Jennings v. SparkmanMissouri Court of Appeals · 1892
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3Cited by1 opinion
- Madson v. RuttenNorth Dakota Supreme Court · 1907