Swinney v. Merchant's Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. (1) The age of the cattle named in the mortgage is no material part of the description and should be rejected or disregarded, as an entirely erroneous addition to the part of the description which controls. It is merely an erroneous designation which does not impair the validity or lien of the mortgage. Jones on Chattel Mortgages (3 Ed.), par. 61; Barse Live Stock Com.
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Appeal from Jackson Circuit Court. — How. J. H. Slover, Judge. (1) The age of the cattle named in the mortgage is no material part of the description and should be rejected or disregarded, as an entirely erroneous addition to the part of the description which controls. It is merely an erroneous designation which does not impair the validity or lien of the mortgage. Jones on Chattel Mortgages (3 Ed.), par. 61; Barse Live Stock Com. Co. v. Turner, 56 Kas. 778, 44 Pac. 987; Peters v. Parsons, 18 Neb. 191; Bank v. Koechel, 8 S. Dak. 391, 66 N. W. 933; Evans, Snyder Buel Co. v. Turner, 143 Mo.…
1Opinion of the CourtSmith, P. J.
The plaintiff in his petition, which was in the nature of a bill of interpleader, alleged that he had in his possession and under his control a certain promissory note given to him by one Cantelow for $3,895.15, and that said note represented the proceeds of the sale of certain cattle sold to said Cantelow by the consent of both of the defendants; that prior to the sale •of said cattle, each of said defendants claimed to have some sort of a lien thereon, and that each of them •claimed the said proceeds of sale. The petition contained a further allegation offering to bring the said note into…
2Cases cited9 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Stonebraker v. FordSupreme Court of Missouri · 1884
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Yant v. HarveySupreme Court of Iowa · 1880
- Tolbert v. HortonSupreme Court of Minnesota · 1885
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3Cited by3 opinions
- Dierling v. PettitMissouri Court of Appeals · 1909
- First Nat. Bk. of Brookfield v. GardnerMissouri Court of Appeals · 1928
- Smith Premier Typewriter Co. v. Grace, SheriffSupreme Court of Oklahoma · 1911