Caldwell v. Sisson
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) There was no evidence whatever upon which 'to base the verdict; nothing to show that Clara B. Sis-son owned or had any interest whatever in the horses replevied. (2) Caldwell had a right to bring this suit even though he had no -financial interest in the note. Nicolav v. Fritschle, 40 Mo. 67; Block v. Dorman, 51' Mo. 31; Snider v. Express Co., 77 Mo. 523. Assignee of note may maintain action.
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Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) There was no evidence whatever upon which 'to base the verdict; nothing to show that Clara B. Sis-son owned or had any interest whatever in the horses replevied. (2) Caldwell had a right to bring this suit even though he had no -financial interest in the note. Nicolav v. Fritschle, 40 Mo. 67; Block v. Dorman, 51' Mo. 31; Snider v. Express Co., 77 Mo. 523. Assignee of note may maintain action. Willison v. Smith, 52 Mo. App. 133; Barber v. Stanb, 111 Mo. App. 57; Bank v. Totten, 94 Mo. App. 603. (3) A chattel mortgage is valid when…
1Opinion of the CourtNortoni, J.
This is an action in replevin. The court instructed a verdict for defendant and plaintiff prosecutes the appeal.
It appears that on March 28, 1905, defendant and his wife, Clara B;. Sisson, executed a chattel mortgage-upon the several horses, sued for in this action, to secure-the payment of a promissory note for three hundred and fifteen dollars to Henry Sisson and Webster Sisson. Tlie condition of the mortgage was such that if the makers thereof should pay to Henry Sisson and Webster Sisson their' certain promissory note described as of even date therewith, for the amount of three hundred,…
2Cases cited13 opinions
- Hill v. . BeebeNew York Court of Appeals · 1856
- Boyd v. BeckSupreme Court of Alabama · 1857
- Cadwell v. PrayMichigan Supreme Court · 1879
- Barrows v. TurnerSupreme Judicial Court of Maine · 1863
- Lippold v. HeldSupreme Court of Missouri · 1874
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3Cited by1 opinion
- Seymore v. DabbsMissouri Court of Appeals · 1913