Stone v. Kelley & Son
Missouri Court of Appeals
Appeal from the Linn Circuit Court.—Hon. W. W. Rucker, Judge. (1) The court committed error in admitting any evidence for defendants, and the court committed error in giving the instruction asked for by defendants. It simply declared the law to be that an agister’s or livery stable keeper’s lien is superior to a prior chattel mortgage that had been executed, acknowledged and filed for record in proper county long before the agister’s lien commenced. This is not the law.
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Appeal from the Linn Circuit Court.—Hon. W. W. Rucker, Judge. (1) The court committed error in admitting any evidence for defendants, and the court committed error in giving the instruction asked for by defendants. It simply declared the law to be that an agister’s or livery stable keeper’s lien is superior to a prior chattel mortgage that had been executed, acknowledged and filed for record in proper county long before the agister’s lien commenced. This is not the law. The weight of authority is in favor of t'he chattel mortgage. See leading article on the subject by D. H. Pingrey, in volume…
1Opinion of the CourtEllison, J.
Plaintiff is the mortgagee of two horses. Subsequent to the execution and recording of the mortgage the mortgagor who had remained in possession placed the horses with defendant, a livery stable keeper, and failed to pay the feed bill thereby created. The defendant refusing to surrender possession to the plaintiff as mortgagee unless his feed bill was paid, plaintiff instituted this action of replevin and on trial below lost his case, the circuit court holding that the lien of the livery stable keeper was superior to the prior chattel mortgage. The correctness of this view is the question for…
2Cases cited10 opinions
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Hanch v. RipleyIndiana Supreme Court · 1890
- McGhee v. EdwardsTennessee Supreme Court · 1889
- Sullivan v. CliftonSupreme Court of New Jersey · 1893
- Toney v. GoodleyMissouri Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- MacK Motor Truck Corporation v. WolfeMissouri Court of Appeals · 1957
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Lazarus v. MoranMissouri Court of Appeals · 1895
- Everett v. Barse Live Stock Commission Co.Missouri Court of Appeals · 1906
- Chas. E. Harding & Co. v. KelsoMissouri Court of Appeals · 1902
12 more not listed; retrieve them via the Exa API.