National Bank of Commerce v. Morris
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge.: (1) The English doctrine in regard to sales in market overt is not applicable in the United States where no such usage or institution exists.
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Appeal from St. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge.: (1) The English doctrine in regard to sales in market overt is not applicable in the United States where no such usage or institution exists. Benjamin on Sales [6 Ed.] p. 37; Tiedeman on Sales, sec. 317; Usher on Sales, sec. 37; 25 American Decisions, p. 609; Fawcett v. Osborn, 32 111. 411. (2) The effect and validity of a chattel mortgage is determined by the laws of the situs of the chattel and of the residence of the mortgagor. If it is valid there it will be valid everywhere and will be enforced by the laws of any…
1Opinion of the CourtBurgess, J.
This is an action in trover and conversion for five hundred and seventy head of cattle. The plaintiff claims to have been the owner of the cattle as assignee of a mortgage executed in the state of Kansas on the cattle on the twenty-second day of October, 1890, by B. A. Webber and W. D. Wilson to G-. A. Dunn to secure the payment of their, note for $15,675 payable teD months after the date of the mortgage.
The law of Kansas in relation to chattel mortgages which was in force at the time of the execution of the mortgage under which plaintiff claimed the cattle is as follows:
“Section9. Every…
2Cases cited21 opinions
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Fawcett, Isham & Co. v. Osborn, Adams & Co.Illinois Supreme Court · 1863
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
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