Commerce Trust Co. v. White
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. O. A. Lúeas, Judge. (1) This is a suit at law, and the appellant is entitled to a jury to determine all the issues as to all the parties. Harrison v. Doyle, 147 S. "W. 504; State ex rel. v. Evans, 176 Mo. 314; Fithian v. Monk, 43 Mo. 517; Riley v. McCord, 24 Mo. 265. (2) That this is a case at law in which the defendant is entitled to a jury has been determined so many times that it is not an open question.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lúeas, Judge. (1) This is a suit at law, and the appellant is entitled to a jury to determine all the issues as to all the parties. Harrison v. Doyle, 147 S. "W. 504; State ex rel. v. Evans, 176 Mo. 314; Fithian v. Monk, 43 Mo. 517; Riley v. McCord, 24 Mo. 265. (2) That this is a case at law in which the defendant is entitled to a jury has been determined so many times that it is not an open question. Harrison v. Doyle, 147 S. W. 504; State ex rel. Evans, 176 Mo. 314; Fithian v. Monk, 43 Mo. 517; Riley v. McCord, 24 Mo. 265. (3) The court erred…
1Opinion of the CourtTrimble, J.
On January 6, 1911, the defendants L. M. White, C. H. White, and K. P. Jones executed and delivered to the Commerce Trust Company their joint promissory note for $3300 due six months after date and bearing eight' per cent compound interest per annum from date until paid. This note was secured by a chattel mortgage executed by L. M. White on a livery stock, and the chattel mortgage was duly recorded.
Thereafter, the defendant, J. F. Burkhardt (who is the only one who appeals) acquired the livery stock subject to the chattel mortgage.
The note became due and, as it was not paid, suit was brought…
2Cases cited3 opinions
- Boothe v. LoyMissouri Court of Appeals · 1900
- Mohoney v. German InsuranceMissouri Court of Appeals · 1891
- Commerce, Trust Co. v. WhiteMissouri Court of Appeals · 1913
3Cited by2 opinions
- Turner v. MallerneeMissouri Court of Appeals · 1982
- Cameron v. CarsonCourt of Appeals of Texas · 1923