Ottumwa National Bank v. Totten
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. (1) It is essential to the existence of a pledge that the property be placed in the possession of the pledgee. Storts v. Mills, 93 Mo; App. 201; Chitwood v. Lanyon Zinc Co., 93 Mo. App. 225; Schoulter on Bailments and Carriers (2 Ed.), sec. 188, page 199. The description of the property in the chattel mortgage was too nncertain and vague to give notice to other purchasers and mortgagees.
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Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. (1) It is essential to the existence of a pledge that the property be placed in the possession of the pledgee. Storts v. Mills, 93 Mo; App. 201; Chitwood v. Lanyon Zinc Co., 93 Mo. App. 225; Schoulter on Bailments and Carriers (2 Ed.), sec. 188, page 199. The description of the property in the chattel mortgage was too nncertain and vague to give notice to other purchasers and mortgagees. The description and recitals in the mortgage do not state Avhere the property Avas at the time of the execution thereof. The only allegation Avith…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The respondent argues that inasmuch as the hank attached the identical property in suit, and by said attachment affirmed the right of property therein to be in the attachment defendant, Totten, that it is thereby estopped from saying and maintaining on the trial of the interplea that it was holding said property at the time of the execution of the mortgage to the interpleader as a pledge from Totten. We do not think the fact that appellent was holding the property as pledgee of Totten would preclude appellant from attaching the property so held by it as pledgee.…
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