Legal Opinion

J. H. North Furniture & Carpet Co. v. Davis

Missouri Court of Appeals

Decided November 7, 1898PublishedCited by 4 opinions

Appeal from the Bay Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The description in the chattel mortgage is good as between the original parties. Dodson v. Dedman, 61 Mo. App. 209. (2) Where the rights of strangers without notice are not involved a specific description is not necessary. 5 Am. and Eng. Ency. of Law [2 Ed.], p. 963; Dodson v. Dedman, supra; Mfg. Go. v. Griffith, 75 Iowa, 102; 39 N. W. Rep. 214; Olapp v. Trowbridge, 74 Iowa, 550; s. c., 38 N. W..

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Appeal from the Bay Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The description in the chattel mortgage is good as between the original parties. Dodson v. Dedman, 61 Mo. App. 209. (2) Where the rights of strangers without notice are not involved a specific description is not necessary. 5 Am. and Eng. Ency. of Law [2 Ed.], p. 963; Dodson v. Dedman, supra; Mfg. Go. v. Griffith, 75 Iowa, 102; 39 N. W. Rep. 214; Olapp v. Trowbridge, 74 Iowa, 550; s. c., 38 N. W.. Rep. 411. (3) Chattel mortgages are not strictly construed by the courts, except when the interest of some “other person than the…

1Opinion of the CourtGill, J.

This is replevin brought by plaintiff to recover the possession of a sideboard found in a hotel at Richmond, Ray county; a demurrer to the evidence was sustained in the court below and plaintiff appealed. To sustain its case, plaintiff relied on a chattel mortgage executed by one Hyre, the former owner of the property, wherein it was described in a general way as “one marble top sideboard, being and situated - in the county of Ray, state of Missouri,” it being stipulated in the body of the mortgage that the mortgagor should not remove the sideboard from Richmond Hotel, Richmond, Missouri.

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2Cases cited5 opinions

  1. Clapp v. TrowbridgeSupreme Court of Iowa · 1888
  2. Johnson v. JeffriesSupreme Court of Missouri · 1860
  3. Dodson v. DedmanMissouri Court of Appeals · 1895
  4. Carroll Exchange Bank v. First National Bank of CarrolltonMissouri Court of Appeals · 1892
  5. Mackey v. JenkinsMissouri Court of Appeals · 1895

3Cited by4 opinions

  1. City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
  2. Trower Bros. v. HamiltonSupreme Court of Missouri · 1904
  3. Jones Bros. Live Stock Commission Co. v. LongCourt of Appeals of Kansas · 1901
  4. J. H. North Furniture & Carpet Co. v. DavisMissouri Court of Appeals · 1900

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