Cable & Reed v. Duke
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. Henry G. Timmonds, Judge. (1) Under the plaintiff’s own evidence an usurious rate of interest was charged the defendant, W. C. Woods, which under our statute rendered void the chattel mortgage under which alone plaintiffs claimed right of possession of the cattle in question.
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Appeal from Vernon Circuit Court. — Hon. Henry G. Timmonds, Judge. (1) Under the plaintiff’s own evidence an usurious rate of interest was charged the defendant, W. C. Woods, which under our statute rendered void the chattel mortgage under which alone plaintiffs claimed right of possession of the cattle in question. R. S. 1899, sec. 3710; R. S. 1899, sec. 3706; Koehring v. Mueniminghoff, 61 Mo. 403; Kriebohm v. Yancy, 154 Mo. 85; Bank v. Donnell, 172 M'o. 416. (2) Defendants Duke and F. M. Woods, under the law, had a lien on the cattle for their agistment. R. S. 1899, sec. 4228. (3) The…
1Opinion of the CourtEllison, J.
The plaintiffs are engaged in the live stock commission business and this is an action *337of replevin by them for 208 head of cattle, alleged to be of the .value of $6,500. The plaintiffs recovered judgment in the trial court and defendants took an appeal to the Supreme Court on the idea that there was more than $4,500 involved and the jurisdiction was in that court. The petition claimed damages of $1,000 and the plaintiffs received possession of the cattle under their writ. The joint answer of defendants P. M. Woods and Duke admitted they were in possession at time suit was instituted. The…
2Cases cited9 opinions
- Marx v. HartSupreme Court of Missouri · 1902
- Coleman v. ColeSupreme Court of Missouri · 1900
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
- Vette v. GeistSupreme Court of Missouri · 1900
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3Cited by4 opinions
- Leavel v. JohnstonMissouri Court of Appeals · 1921
- First National Bank of Mountain View v. WilsonSupreme Court of Oklahoma · 1915
- First National Bank v. Witherspoon Livestock Commission Co.Missouri Court of Appeals · 1936
- Grubb v. LashusUtah Supreme Court · 1913