St. Louis Drug Co. v. Robinson
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. There was not, within the meaning of the mortgage, an unreasonable depreciation in the value of the property mortgaged.
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Appeal from St. Louis Court of Appeals. There was not, within the meaning of the mortgage, an unreasonable depreciation in the value of the property mortgaged. The terms of the mortgage are unambiguous, and. not capable of the construction given it by the court of appeals, and the recourse of the latter court to parol evidence to explain it, was in violation of the rule of law, that in no case can extraneous evidence cause a contract to be construed into what its language does not import. Koehring v. Muemminghoff, 61 Mo. 407; Campbell v. Johnson, 44 Mo. 247; Glendale Mfg. Co. v. Ins. Co., 21…
1Opinion of the CourtIIeney, J.
This is an action to recover possession of personal property, to-wit: Stock, fixtures and furniture of defendants’ drug store. Plaintiff’s claim is under a chattel mortgage, executed by defendants, to secure a $5,000 note to plaintiff dated October 1st, 1876; payable one year after.
This suit was instituted August 14th, 1877, two months before the maturity of the note, and plaintiff bases its right to recover upon a stipulation in the mortgage, which, after providing that the mortgage property should remain in the possession of the mortgageors until the maturity of the note, contained this…
2Cases cited9 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Land v. ChurchillSupreme Court of Missouri · 1872
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Prudential Insurance Co. of America v. German Mutual Fire InsuranceMissouri Court of Appeals · 1937
17 more not listed; retrieve them via the Exa API.