Harrison v. South Carthage Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — He». J. D. Perkins, Judge. (1) The court should have given instruction No. 1, asked by the plaintiffs, as under the undisputed evidence in the case, plaintiffs had sold the defendant goods between the date of the chattel mortgage (February 27) and May 9, 1899, the sum of $134.40. That during all that time said chattel mortgage was kept secret and off of the record, and defendant remained in possession of the property and used the same…
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Appeal from Jasper Circuit Court. — He». J. D. Perkins, Judge. (1) The court should have given instruction No. 1, asked by the plaintiffs, as under the undisputed evidence in the case, plaintiffs had sold the defendant goods between the date of the chattel mortgage (February 27) and May 9, 1899, the sum of $134.40. That during all that time said chattel mortgage was kept secret and off of the record, and defendant remained in possession of the property and used the same until the last-mentioned date. R. S. 1899, sec. 3404; Landis v. McDonald, 88 Mo. App. 335, and authorities cited; Williams…
1Opinion of the CourtEllison, J.
Plaintiffs obtained judgment against defendant on an account for coal sold to it. They had execution issued and the garnishee herein garnisheed. On trial of the garnishment, the judgment was for the garnishee.
The facts necessary to state are these: ' The garnishee, as agent for his daughter, on February 27, 1900, loaned $1,000 to the defendant, and on that day took a *83chattel mortgage of defendant to secure its payment. By neglect the mortgage was not filed for record until May 15 thereafter. In the interim between the time of giving the mortgage and filing it for record, the plaintiffs sold…
2Cases cited29 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Karst v. . GaneNew York Court of Appeals · 1893
- Fearey v. CummingsMichigan Supreme Court · 1879
- Davis v. OwnsbySupreme Court of Missouri · 1851
- State Bank v. FrameSupreme Court of Missouri · 1892
24 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- In re BotheCourt of Appeals for the Eighth Circuit · 1909
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- In re WadeDistrict Court, W.D. Missouri · 1911
9 more not listed; retrieve them via the Exa API.