Thomas v. Davis
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Hon. Joseph Cravens, Judge. The evidence of custom should have been received. It was the law of the contract. Soutier v. Kellerman, 18 Mo. 509; Southwestern F. § C. P. Co. v. Stanard, 44 Mo. 71; Kimball v. Brawner, 47 Mo. 398. It is generally admissible in these cases. Ewell on Fix., 63,109, 307. The engine and boiler were personal property and as such passed to defendant.
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Appeal from Jasper Circuit Court.—Hon. Joseph Cravens, Judge. The evidence of custom should have been received. It was the law of the contract. Soutier v. Kellerman, 18 Mo. 509; Southwestern F. § C. P. Co. v. Stanard, 44 Mo. 71; Kimball v. Brawner, 47 Mo. 398. It is generally admissible in these cases. Ewell on Fix., 63,109, 307. The engine and boiler were personal property and as such passed to defendant. Hunt v. Mullanphy, 1 Mo. 508; Burk v. Baxter, 3 Mo. 207 ; Lacey v. Giboney, 36 Mo. 320; Rogers v. Crow, 40 Mo. 91; Graves v. Pierce, 53 Mo. 429 ; Collins v. Mott, 45 Mo. 100. The engine and…
1Opinion of the CourtHenry, J.
This suit is for the recovery of a steam engine and accompanying machinery and for damages. Plaintiff had judgment, from which defendant appeals.
*74Plaintiff claims the property tinder a deed of trust executed by one Corn, conveying to him lot 19 and other lots in the city of Joplin, to secure a promissory note executed by Corn. On said lot was a building erected by Corn in which the machinery in-question was placed by him for the purpose of smelting lead. This deed was executed June 4th, 1874.
On the 11th day of June, 1875, Corn executed a second deed of trust, to secure certain other creditors,…
2Cases cited4 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Buckley v. BuckleyNew York Supreme Court · 1850
- Parsons v. CopelandSupreme Judicial Court of Maine · 1854
- Strickland v. ParkerSupreme Judicial Court of Maine · 1866
3Cited by22 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Stockton v. TesterMissouri Court of Appeals · 1954
- Helm v. GilroyOregon Supreme Court · 1891
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