Faxon, Horton & Gallagher v. Ridge
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) -The stipulation in said lease under which respondent claims the property in controversy, did not operate as a chattel mortgage upon said property, but gave to respondent only an equitable lien thereon. Jones on Chattel Mort. (3 Ed.), secs. 1, 2'and n. 5, to sec. 13; Vanstone v. Goodwin, 42 Mo. App. 39, 46; Dalton v. Laudahn, 27 Mich. 529; Burgess v. ICattleman, 41 Mo. 480, 483 ; State ex rel.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) -The stipulation in said lease under which respondent claims the property in controversy, did not operate as a chattel mortgage upon said property, but gave to respondent only an equitable lien thereon. Jones on Chattel Mort. (3 Ed.), secs. 1, 2'and n. 5, to sec. 13; Vanstone v. Goodwin, 42 Mo. App. 39, 46; Dalton v. Laudahn, 27 Mich. 529; Burgess v. ICattleman, 41 Mo. 480, 483 ; State ex rel. Wright v. Adams, 76 Mo. 605, 612; 2 Pomeroy, Eq. Jur., sec. 591; 3 Pomeroy, Eq. Jur., sec. 1253. (2) The record of an instrument…
1Opinion of the CourtEllison, J.
This is an action of replevin and judgment was rendered for defendant in the trial court. The property in controversy was taken by the sheriff from the possession of defendant, who thereupon executed a re-delivery bond and received the same hack from the sheriff. The plaintiffs then began this action. The case was submitted to the *303circuit court on an agreed statement of facts, the following being tbe portions necessary to a full understanding of the points presented for decision:
“February 20, 1897, George E. Kimball, Jr., leased from ■defendant, I. M. Ridge, a storeroom and basement known as…
2Cases cited11 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Jennings v. SparkmanMissouri Court of Appeals · 1890
- Burgess v. KattlemanSupreme Court of Missouri · 1867
- State ex rel. Wright v. AdamsSupreme Court of Missouri · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Matz v. Miami Club Restaurant (Mo. 1939)Missouri Court of Appeals · 1939
- Feller v. McKillipMissouri Court of Appeals · 1903
- Dubach v. DysartMissouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.