Feller v. McKillip
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. S. C. Douglass, Judge. (1) The manifest intention of the Legislature by this statute was that in this class of cases the question of interest as damages should be for the jury and not for the court. 121 Mo. 41; Hawkins v. Brick Co., 63 Mo. App. 68; Wheeler v. McDonald, 77 Mo. App. 213; Vermillion v. LeClare, 89 Mo.
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Appeal from Jackson Circuit Court. — Hon. S. C. Douglass, Judge. (1) The manifest intention of the Legislature by this statute was that in this class of cases the question of interest as damages should be for the jury and not for the court. 121 Mo. 41; Hawkins v. Brick Co., 63 Mo. App. 68; Wheeler v. McDonald, 77 Mo. App. 213; Vermillion v. LeClare, 89 Mo. App. 64. (2) “The agreement extending the time must not only be valid and binding in law, but .the time of the extension must be precisely and definitely fixed." Rucker v. Robinson, 38 Mo. 158; Savings Association v. Helmrick, 57 Mo. 101;…
1Opinion of the CourtBroaddus, J.
This is an action in replevin. The property in controversy is a stock of millinery and a lot of store furniture and fixtures. On June 8, 1901, defendants executed a note payable to Frankel, Frank & Company for the sum of $905.30, due one day after date, bearing interest at the rate of eight per centum per annum from date, and on the same day executed a deed of trust conveying the property mentioned to the plaintiff as trustee. This conveyance was to secure the payment of said note, in which it was provided that whenever Frankel, Frank & Company may deem themselves insecure, the debt shall…
2Cases cited9 opinions
- Roy v. GoingsIllinois Supreme Court · 1880
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Woods v. Gaar, Scott & Co.Michigan Supreme Court · 1892
- Gage v. WaylandWisconsin Supreme Court · 1887
- Werner v. BergmanSupreme Court of Kansas · 1882
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3Cited by6 opinions
- C. C. Slaughter Co. v. EllerCourt of Appeals of Texas · 1917
- Citizens State Bank of Nevada v. WalesMissouri Court of Appeals · 1971
- State ex rel. First National Bank v. Seavey & FlarsheimMissouri Court of Appeals · 1909
- Cummings v. Badger Lumber Co.Missouri Court of Appeals · 1908
- South Central Enterprises, Inc. v. Farrington (In Re Progressive Farmers Ass'n)United States Bankruptcy Court, W.D. Missouri · 1985
1 more not listed; retrieve them via the Exa API.