Holmes v. Strayhorn-Hutton-Evans Commission Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The circuit court, on the trial of this case, erred in receiving in evidence the chattel mortgage from Duckworth to plaintiff. Defendant, by its counsel, objected to the introduction of that mortgage in evidence for the reason that the description of the property therein is indefinite and uncertain, and because tbe mortgage does not state where the cattle are located in Jackson county, Missouri.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The circuit court, on the trial of this case, erred in receiving in evidence the chattel mortgage from Duckworth to plaintiff. Defendant, by its counsel, objected to the introduction of that mortgage in evidence for the reason that the description of the property therein is indefinite and uncertain, and because tbe mortgage does not state where the cattle are located in Jackson county, Missouri. Mackey v. Jenkins, 62 Mo. App. 618; Stonebraker v. Eord, 81 Mo. 532; Bank v. Shackelford, 67 Mo. App. 475; Williamson v. Bank,…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff against the defendant to recover damages for the wrongful taking *100and conversion by the latter of twenty-six head of two-year-old high graded Hereford heifers, of which the plaintiff was • the owner. There was a trial in the circuit court where plaintiff had judgment, and defendant appealed.
During the progress of the trial, the plaintiff offered in evidence the chattel mortgage under which he claimed the ownership of the subject of the conversion, to the introduction of which the defendant objected on the ground that the description therein was, “indefinite…
2Cases cited9 opinions
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Estes v. SpringerMissouri Court of Appeals · 1891
- Pace v. PierceSupreme Court of Missouri · 1872
- Bowens v. BensonSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Johnson v. HutchinsonMissouri Court of Appeals · 1899
- Rice Bros. v. Davis, McDonald & DavisMissouri Court of Appeals · 1903