Kingman & Co. v. Hill
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Ceow, Judge. (1) The mortgage gave power to the mortgagee, its successors or assigns, agent or attorney, to purchase at auction sale. The sale and purchase by plaintiff under that power were in all respects valid and good at law. Clarkson v. Mullin, 62 Mo. App. 622, and cases cited in the opinion; Parkerv. Roberts, 116 Mo. 657. (2), The notice complied with the terms of the chattel mortgage and was sufficient.
Read the full summary
Appeal from the Jasper Circuit Court. — Hon. E. C. Ceow, Judge. (1) The mortgage gave power to the mortgagee, its successors or assigns, agent or attorney, to purchase at auction sale. The sale and purchase by plaintiff under that power were in all respects valid and good at law. Clarkson v. Mullin, 62 Mo. App. 622, and cases cited in the opinion; Parkerv. Roberts, 116 Mo. 657. (2), The notice complied with the terms of the chattel mortgage and was sufficient. Olmsorg, Adm’r, v. Timier, 87 Mo. 127. (3) The object of the notice of sale is to notify the public, and not the mortgagor, that…
1Opinion of the CourtGtill, J.
Statement. This is a suit on a promissory note for $400 executed by defendants in June, 1890, and due by its terms October 1, 1892. In their answer defendants admit the execution of the note, and then proceed to allege that the same, together with another note of like amount, was given as the balance of ,, - . n , • , thb purchase pnce oí a certain separator, traction engine and threshing outfit which defendants *668purchased from plaintiffs; that to secure the payment of these notes defendants made to plaintiffs a chattel mortgage covering the machine, wherein it was stipulated that if…
2Cases cited4 opinions
- Harlin v. NationSupreme Court of Missouri · 1894
- Phillips v. StewartSupreme Court of Missouri · 1875
- Clarkson v. MullinMissouri Court of Appeals · 1895
- Routt v. MilnerMissouri Court of Appeals · 1894
3Cited by2 opinions
- Moorehead v. DanielsSupreme Court of Oklahoma · 1915
- Universal C. I. T. Credit Corp. v. ByersMissouri Court of Appeals · 1957