Riddle v. Norris
Missouri Court of Appeals
Appeal from, the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) “As security for the within note I hereby mortgage and pledge,” are apt words of conveyance. They indicate the nature and intention of the instrument as plainly as if written out in the most formal language. “To mortgage” means to convey with a defeasance. The purpose was expressed. The use of the word “pledge ” in this connection gave the right to immediate possession. Bascom v. Rainwater, 30 Mo.
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Appeal from, the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) “As security for the within note I hereby mortgage and pledge,” are apt words of conveyance. They indicate the nature and intention of the instrument as plainly as if written out in the most formal language. “To mortgage” means to convey with a defeasance. The purpose was expressed. The use of the word “pledge ” in this connection gave the right to immediate possession. Bascom v. Rainwater, 30 Mo. App. 483; Jones on Chattel Mortgages, secs. 1, 4, 12, 14. (2) The covenant for a “chattel mortgage,” a formally drawn and…
1Opinion of the CourtEllison, J.
This action is based upon the following instrument and indorsement thereon :
Ҥ575. St. Joseph, Mo., September 28, 1889.
“One day after date, I, the maker of this note, promise to pay to S. McDonald, Jr., or order, §575, for value received, negotiable and payable at the State Savings Bank in St. Joseph, Missouri, without defalcation or discount, with ten-per-cent, interest per annum *514after date until paid ; the interest, if hot paid annually, to become part of the principal and bear the same rate of interest.
“ ( Signed ] Thomas Allen.
“First indorsement: As security for the within note I hereby…
2Cases cited3 opinions
- Kilbourne v. FayOhio Supreme Court · 1876
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Jacobi v. JacobiSupreme Court of Missouri · 1890
3Cited by9 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- T. L. Smith Co. v. OrrCourt of Appeals for the Eighth Circuit · 1915
- Haseltine v. MessmoreSupreme Court of Missouri · 1904
- Hemley v. HarmonMissouri Court of Appeals · 1903
- Parlin Orendorf Co. v. HordMissouri Court of Appeals · 1899
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