Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Now. Daniel D. Fisher, Judge. (1) If two creditors have a claim against a common debtor, one for the purchase price of personal property and the other as .an ordinary general. creditor with knowledge of the purchase price being unpaid, the latter, if he obtain a first lien by execution, attachment or mortgage on personal property, will prevail over the creditor for the purchase price. Van Frank v. Walther, 84 Mo.
Read the full summary
Appeal from. St. Louis City Circuit Court. — Now. Daniel D. Fisher, Judge. (1) If two creditors have a claim against a common debtor, one for the purchase price of personal property and the other as .an ordinary general. creditor with knowledge of the purchase price being unpaid, the latter, if he obtain a first lien by execution, attachment or mortgage on personal property, will prevail over the creditor for the purchase price. Van Frank v. Walther, 84 Mo. App. 472; Kane v. Manley, 63 Mo. App. 43; Finke & Nasse v. Pike, 50 Mo. App. 564. (2) The latest authoritative decisions of our Supreme…
1Opinion of the CourtAllen, J.
This is an action in replevin to recover the possession of certain articles of office furniture. Plaintiff’s claim to the latter arises by virture of a chattel mortgage thereon executed by the White Portland Cement & Clay Company, hereinafter referred to as the Cement Company, to secure the payment of certain notes. The cause was tried before the court without a jury, resulting in a judgment for defendant, from which the plaintiff has appealed.
On or about July 18, 1910, the defendant, Lammert Furniture Company, sold and delivered the furniture in question to the Cement Company, in the city of…
2Cases cited11 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Straus v. RothanSupreme Court of Missouri · 1890
- Barton Lumber Co. v. GibsonMissouri Court of Appeals · 1913
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hickerson v. Con Frazier Buick Co.Missouri Court of Appeals · 1953
- GFC CORPORATION v. NesserSupreme Court of Missouri · 1954
- In Re VenieDistrict Court, W.D. Missouri · 1948
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914