National Cash Register Co. v. Slater
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Mos.es N. Sale, Judge: (1) A mortgage of cbattles is invalid except as between the parties to it unless it be recorded in the manner prescribed by statute, or tbe mortgagee have possession of the chatties. R. S. 1909, sec. 2861. (2) Chattel mortgages being unknown at common law statutes permitting them are strictly construed. Porter v. Dement, 35 111., 478; Marsden y. Cornell, 62 N. Y. 215; Singer Mfg. Co. v. Shull, 74 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. Mos.es N. Sale, Judge: (1) A mortgage of cbattles is invalid except as between the parties to it unless it be recorded in the manner prescribed by statute, or tbe mortgagee have possession of the chatties. R. S. 1909, sec. 2861. (2) Chattel mortgages being unknown at common law statutes permitting them are strictly construed. Porter v. Dement, 35 111., 478; Marsden y. Cornell, 62 N. Y. 215; Singer Mfg. Co. v. Shull, 74 Mo. App. 486; Cable Co. v. Rathgeber, 113 N. W. 88’. (3) The “true copy” of a chattel mortgage required by the statute to be…
1Opinion of the CourtGaulfield, J.
(after stating the facts).—If the use of the words “true copy” in the statute relative to the recording of chattel mortgages requires that a literal and verbatim copy of an instrument must be filed, then plaintiff’s filed copy is insufficient. But the sufficiency of the copy is not to be tested by such a harsh standard. A substantial compliance with the statute is all that is required. [Payne v. King, 141 Mo. App. 246, 249; 124 S. W. 1066.] And “a copy substantially true, so that the creditors of the mortgagor or subsequent purchasers in good faith may not be misled, to their detriment”, is…
2Cases cited3 opinions
- Gillespie v. Brown & Ryan Bros.Nebraska Supreme Court · 1884
- Central National Bank v. BrecheisenSupreme Court of Kansas · 1902
- Payne v. KingMissouri Court of Appeals · 1910
3Cited by2 opinions
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Union Stockyards Bank of Wichita v. HamiltonCourt of Appeals for the Sixth Circuit · 1917