Turner v. Brown
Missouri Court of Appeals
Appeal from the Worth Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence for the following reasons, viz.: Because if said contract is held to be a chattel mortgage, being one without any condition as to advertisement, sale, etc., it ought to have been foreclosed under the provisions of section 1090, Revised Statutes 1889. (2) The court, erred in refusing instruction number 4, asked by defendant (1) The…
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Appeal from the Worth Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence for the following reasons, viz.: Because if said contract is held to be a chattel mortgage, being one without any condition as to advertisement, sale, etc., it ought to have been foreclosed under the provisions of section 1090, Revised Statutes 1889. (2) The court, erred in refusing instruction number 4, asked by defendant (1) The court did not err in overruling defendant’s demurrer to plaintiff’s evidence. There was certainly sufficient evidence to…
1Opinion of the CourtSmith, P. J.
This is an action of replevin which Was brought before a justice of the peace to recover three horses. The plaintiff had judgment in the circuit court and defendant appealed.
The facts which the evidence tends to establish are these: One Brandt was awarded by the Hnited States a contract for carrying the mail between Grant City and Sheridan, in this state, at seventy-five, dollars a quarter. Brandt afterwards sublet this contract to plaintiff, and also sold him the spring wagon hereinafter referred to. Plaintiff and defendant entered into a written contract by which it appears that in…
2Cases cited3 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Boutell v. WarneSupreme Court of Missouri · 1876
- Gregory v. TavennerMissouri Court of Appeals · 1890
3Cited by3 opinions
- International Harvester Co. v. ThrelkeldMissouri Court of Appeals · 1931
- Smith v. BeckerMissouri Court of Appeals · 1916
- Thompson v. White Sewing Machine Co.Missouri Court of Appeals · 1914