Beckham v. Carter
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. Tkis is a proceeding by garnishment under attachment. The debtor, W. F. Carter, resided at Clay Center in the state of Kansas. The garnishees, Tootle, Hanna & Co., are residents of the state of Missouri, doing business at Kansas City.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. Tkis is a proceeding by garnishment under attachment. The debtor, W. F. Carter, resided at Clay Center in the state of Kansas. The garnishees, Tootle, Hanna & Co., are residents of the state of Missouri, doing business at Kansas City. On the 11th day of April, 1882, Carter, being indebted to Tootle, Hanna & Co., executed to them a chattel mortgage on his stock of goods in store at said Clay Center, to secure said debt. The mortgage was duly filed with the register of that place, which filing under the…
1Opinion of the CourtPhilips, P. J.
This case has been presented before us, both by brief and oral argument, with much zeal and ability, and we' have given the material points involved much consideration. The insistance of appellant, in the first instance, is, that after forfeiture under the chattel mortgage and possession taken by the mortgagee, he is the absolute owner of the property, and the mortgageor has no interest in the propel as the subject of further mortgage; and, therefore, the second mortgage made by bim is inoperative. This may be conceded to be the general doctrine. Robinson v. Campbell, 8 Mo. 365; Hulson v.…
2Cases cited7 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Hearne v. KeathSupreme Court of Missouri · 1876
- Burdick v. McVannerNew York Supreme Court · 1846
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Atwood v. HaleMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- Beaufort Transfer Co. v. Fischer Trucking Co.District Court, E.D. Missouri · 1973
- Scarritt Furniture Co. v. N. M. Moser & Co.Missouri Court of Appeals · 1892
- Zeltman v. Commercial BankMissouri Court of Appeals · 1896