Keet & Rountree Dry Goods Co. v. Brown
Missouri Court of Appeals
Appeal from, the Bade Circuit Court. — Hon. D. P. Stbatton, Judge. (1) Where a mortgagee intentionally withholds his mortgage on a stock of goods from record, and a third party extends credit to the mortgagor relying on the fact that his property is unincumbered, said mortgage is void as to such creditor. Williams v. Kirk, 68 Mo. App. 457; Bankv. Buck, 123 Mo. 141; Barton v. Sitlington, 128 Mo. 164; Bank v. Doran, 109 Mo. 40; Ayers v. Hamrick, 20 Fed.
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Appeal from, the Bade Circuit Court. — Hon. D. P. Stbatton, Judge. (1) Where a mortgagee intentionally withholds his mortgage on a stock of goods from record, and a third party extends credit to the mortgagor relying on the fact that his property is unincumbered, said mortgage is void as to such creditor. Williams v. Kirk, 68 Mo. App. 457; Bankv. Buck, 123 Mo. 141; Barton v. Sitlington, 128 Mo. 164; Bank v. Doran, 109 Mo. 40; Ayers v. Hamrick, 20 Fed. Rep. 553; Bumsey v. Town, 20 Fed. Rep. 558; Standard v. Guenther, 67 Wis. 101, 30 N. W. Rep. 298; Lyon v. Bank, 29 Fed. Rep. 566, 584; Bump on…
1Opinion of the Court
I. on respondent's motion to aeeirm.
G-ill, J.
Counsel for interpleader and respondent have filed here a motion to affirm the judgment because of an alleged insufficiency of the abstract. It is contended that the abstract fails to show that a bill of exceptions was duly filed, and that' as to that matter, as well as the testimony, the abstract is a mere statement of counsel, etc.
There is no merit in the motion. The case is brought up under the short method of filing here a certified copy of the judgment, and the abstract furnished by appellant shows that on the day the motion for new trial was…
2Cases cited5 opinions
- State Savings Bank v. BuckSupreme Court of Missouri · 1894
- Williams v. KirkMissouri Court of Appeals · 1897
- Kincaid v. GriffithMissouri Court of Appeals · 1896
- Stewart v. PattonMissouri Court of Appeals · 1896
- Sauer v. BehrMissouri Court of Appeals · 1892
3Cited by14 opinions
- Landis v. McDonaldMissouri Court of Appeals · 1901
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
- Spellman v. BeemanSupreme Court of Florida · 1915
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Hodiamont Bank v. LivingstoneCourt of Appeals for the Eighth Circuit · 1929
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