Kolkmeyer v. J. S. Merrell Drug Co.
Missouri Court of Appeals
Appeal from St'. Louis City Circuit Court.— Hon. William M. Kinsey, Judge. (1) The agreement between plaintiff and Barrett to keep replenished the stock of goods upon which paintiff had a mortgage was in every respect legal and was undoubtedly good as between plaintiff and Barrett and as between them plaintiff’s mortgage covered the after-acquired stock. McDonald v. Hoover, 142 Mo. 482; Mfg.
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Appeal from St'. Louis City Circuit Court.— Hon. William M. Kinsey, Judge. (1) The agreement between plaintiff and Barrett to keep replenished the stock of goods upon which paintiff had a mortgage was in every respect legal and was undoubtedly good as between plaintiff and Barrett and as between them plaintiff’s mortgage covered the after-acquired stock. McDonald v. Hoover, 142 Mo. 482; Mfg. Co. v. Supply Co., 149 Mo. 538. (2) The mere substitution of certain articles of merchandise in a store for other articles of the same character does not have the effect of destroying a mortgagee’s lien…
1Opinion of the CourtCaulfield, J.
(after stating the facts).-We confine this opinion, as plaintiff’s counsel has limited his argument, to a consideration of the controversy as it may affect the stock of drugs, etc., alone. Defendant exercised no control or dominion' over the fixtures and soda fountain.
Plaintiff urges that “the court erred in giving judgment for the defendant.” Clearly this assignment cannot be sustained if plaintiff’ failed to prove his case in some essential particular. Now plaintiff brought this action to recover for the conversion of the stock on hand when the mortgage was given. That is all his mortgage…
2Cases cited5 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Judd v. WalkerMissouri Court of Appeals · 1911
- Schmidt v. RankinSupreme Court of Missouri · 1906
- Summers v. BakerMissouri Court of Appeals · 1911
3Cited by1 opinion
- Gedwell v. GedwellMissouri Court of Appeals · 1914