State ex rel. Fields v. Cryts
Missouri Court of Appeals
Appeal from Cape .Girardeau Court of Common Pleas. — Hon. Frank E. Burroughs, Judge. (1) The court erred in giving the instructions asked on the part of relator, and those modified "by the court on its own .motion. Relator’s first instruction is erroneous and misleading ; it is erroneous in that it makes defendants liable notwithstanding relator had, in money and valuable securities, more than the amount of his debt. The State ex rel. Redmond v. Durant, 53 Mo.
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Appeal from Cape .Girardeau Court of Common Pleas. — Hon. Frank E. Burroughs, Judge. (1) The court erred in giving the instructions asked on the part of relator, and those modified "by the court on its own .motion. Relator’s first instruction is erroneous and misleading ; it is erroneous in that it makes defendants liable notwithstanding relator had, in money and valuable securities, more than the amount of his debt. The State ex rel. Redmond v. Durant, 53 Mo. App. 493; Meyberg v. Jacob, 40 Mo. App. 128; Bispham Equity (3 Ed.), sec. 340, p. 399; 1 Cobbey Chat. Mort., sec. 455, p. 602. It is…
1Opinion of the CourtBland, P. J.
C. C. Fields and brother owned and conducted a hardware store in the city of Dexter, in Stoddard county. The brother died and O. O. Fields administered on the partnership estate. As such administrator, about the nineteenth of July, 1894, he sold the entire stock of hardware to Francis & Eiddle for $1,598.89, on time, and took from them four promissory notes of $300 each, due in three, six, nine and twelve months, and one for $398.89 due in fifteen months from date. To secure these notes, Francis & Eiddle signed and acknowledged a chattel mortgage to Fields as administrator, oh all the…
2Cases cited5 opinions
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Colbern v. RobinsonSupreme Court of Missouri · 1883
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
- Weatherwax v. StateSupreme Court of Kansas · 1877
- J. S. Merrill Drug Co. v. KnightonMissouri Court of Appeals · 1898
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