Tobener v. Hassinbusch
Missouri Court of Appeals
Appeal from the Jackson ,Circuit Court. — Hon. James - Gibson, Judge. (1) The plaintiff should not have been permitted to recover at all in.this form of action. Plaintiff’s only remedy was in equity. Jackson v. Cunningham, 28 Mo. App. 354. Uaeussler v. Glass Co., 52 Mo. 452,453. Jones on Chattel Mortgages [3 Ed.],sec. 801, p. 715 and sec. 684, p. 619; Stoddard v. Denison, 38 How. (N. Y.) 296; Hungatev. Reynolds, 72111. 425; Peoplev. Wiltshire 9 Bradw.
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Appeal from the Jackson ,Circuit Court. — Hon. James - Gibson, Judge. (1) The plaintiff should not have been permitted to recover at all in.this form of action. Plaintiff’s only remedy was in equity. Jackson v. Cunningham, 28 Mo. App. 354. Uaeussler v. Glass Co., 52 Mo. 452,453. Jones on Chattel Mortgages [3 Ed.],sec. 801, p. 715 and sec. 684, p. 619; Stoddard v. Denison, 38 How. (N. Y.) 296; Hungatev. Reynolds, 72111. 425; Peoplev. Wiltshire 9 Bradw. (111.) 374; Flanders v. Chamberlain, 24Mich. 305; Korns v. Shaffer, 27 Mich. 83; Olcottv. Railroad, 40 Barb. (N. Y.) 179; Murray v. Ffskine,…
1Opinion of the CourtEllison, J.
— One Lange bought a lot of hotel furniture of Wurmser & Lewis and placed them in a hotel building of which plaintiff was the owner. Afterwards Lange sold the furniture to one Huhn and Huhn executed a chattel deed of trust to defendant Hassenbusch as trustee to secure to said Wurmser & Lewis an installment note of $1,094.15. Huhn reduced this note by payments down to $494.15. Afterwards, Huhn being indebted to plaintiff for rent of the hotel, sold him the furniture in discharge thereof, and gave him possession. Defendant Wurmser became the owner of the interest of Lewis in the note. Plaintiff…
2Cases cited10 opinions
- Wright v. SalisburySupreme Court of Missouri · 1870
- Lacey v. GiboneySupreme Court of Missouri · 1865
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Wygal v. BigelowSupreme Court of Kansas · 1889
- Coad v. Home Cattle Co.Nebraska Supreme Court · 1891
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3Cited by6 opinions
- Russell v. Empire Storage & Ice Co.Supreme Court of Missouri · 1933
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Alewel v. JohnsonMissouri Court of Appeals · 1923
- Bigler v. LeonoriMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.