Legal Opinion

Singer Manufacturing Co. v. Shull

Missouri Court of Appeals

Decided April 4, 1898PublishedCited by 4 opinions

Appeal from the Buehanm Circuit Court. — Hon. H. M. Ramey, Judge. (1) The act of 1895, page 180, was intended by its very words “hereafter made,” to have only a prospective operation, and had it been intended otherwise it would be void. Gamper v. Waterbury Traction Co., 36 A. (Conn.) 806; 68 Conn. 424; Walton v. Fudge, 63 Mo.

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Appeal from the Buehanm Circuit Court. — Hon. H. M. Ramey, Judge. (1) The act of 1895, page 180, was intended by its very words “hereafter made,” to have only a prospective operation, and had it been intended otherwise it would be void. Gamper v. Waterbury Traction Co., 36 A. (Conn.) 806; 68 Conn. 424; Walton v. Fudge, 63 Mo. App. 56; Teete v. Bank, 115 Mo. 184; State v. Grant, 79 Mo. 113. (2) The act of 1895 not applying to this case, and the law relating to acknowledging and recording of mortgages not having been complied with, the finding and judgment should have been for defendant,…

1Opinion of the CourtSmith, P. J.

statement. — This is an action of replevin to recover possession of a sewing machine. The facts agreed in substance are these: On the eighth day of February, 1895, the plaintiff sold to Effie Davis LaJoye a sewing machine and took a note for $40, the amount of the deferred payment, with an unacknowledged mortgage *488covering the machine to secure the same. On the-, seventh day of December, 1895, a duly certified copy of said unacknowledged moitgage was filed for record in the office of the recorder of Buchanan county, the same being the county in which the mortgagor resided. In the month of…

2Cases cited4 opinions

  1. Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
  2. State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
  3. Johnson v. JeffriesSupreme Court of Missouri · 1860
  4. Walton v. FudgeMissouri Court of Appeals · 1895

3Cited by4 opinions

  1. General Motors Acceptance Corp. v. Farm & Home Savings & Loan Ass'nMissouri Court of Appeals · 1933
  2. City of Westport ex rel. Moore v. HaukMissouri Court of Appeals · 1902
  3. Gen. Motors Accept. v. F. H. Sav. L. Assoc.Missouri Court of Appeals · 1933
  4. Smith v. ThompsonMissouri Court of Appeals · 1906

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