State ex rel. Smith v. Flynn
Missouri Court of Appeals
Error to the Cooper Circuit' Court. — Hon. D. W. Shackleford, Judge. (1) The chattel mortgage from Huston to Smith,. Heddens & Co., though not acknowledged, was good as-between said parties.
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Error to the Cooper Circuit' Court. — Hon. D. W. Shackleford, Judge. (1) The chattel mortgage from Huston to Smith,. Heddens & Co., though not acknowledged, was good as-between said parties. Cooley v. Rankin, 11 Mo. 642; Hannah v. Davis, 112 Mo. 599. If, then, Smith,. Heddens & Co., by their agent, took possession of the property described in said chattel mortgage in good faith, for the purposes specified in said mortgage, such possession made the chattel mortgage valid as against-creditors of Huston attaching afterwards. Dobyns v. Meyer, 95 Mo. 132; Qreely v. Reading, 74 M.o. 309; Cobbey on…
1Opinion of the CourtEllison, J.
— This action was instituted against -defendant and the sureties on his constable’s bond, on account of his alleged trespass. The judgment below was for defendants. <
Defendant Elynn was a constable and levied a writ of attachment against a stock of merchandise •claimed by plaintiffs to be their property and in their possession. One Huston was indebted to plaintiffs who sent their agent and attorney to look after their claim. This agent took a chattel mortgage on the property in question to secure the claim. The mortgage was invalid for the reason that it was not acknowledged. The agent,…
2Cases cited3 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Tennent-Stribling Shoe Co. v. RudyMissouri Court of Appeals · 1893
- Pollard v. FarwellMissouri Court of Appeals · 1892
3Cited by1 opinion
- State ex rel. Smith, Heddings & Co. v. FlynnMissouri Court of Appeals · 1896