Kuh v. Garvin
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. G. McG-regor, Judge. ■ (1) A mortgage given on a stock of merchandise, providing that mortgagor .is to remain in possession and sell mortgaged goods in ordinary course of retail trade, is void as to creditors, and the stigma is attached to it if the evidence adduced shows mortgagor is to sell.
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Appeal from Lawrence Circuit Court. — Hon. M. G. McG-regor, Judge. ■ (1) A mortgage given on a stock of merchandise, providing that mortgagor .is to remain in possession and sell mortgaged goods in ordinary course of retail trade, is void as to creditors, and the stigma is attached to it if the evidence adduced shows mortgagor is to sell. Bigelotv v. Stringer, 40 Mo. 195; Allen v. Berry, 40 Mo. 282; Johnson v. McAllister, 30 Mo. 327; Ziegler v. Maddox, 26 Mo. 575; Stanley v. Btmce, 27 Mo. 269; Potter v. McDowell, 31 Mo. 62; State to use v. Holliday, 37 Mo. 500; White v. Graves, 68 Mo. 218;…
1Opinion of the CourtBurgess, J.
On September 2, 1891, and prior thereto, the defendant G-arvin, who was a resident of the state of Kansas, owned and was in possession of a large stock of merchandise at Aurora,. Lawrence county, Missouri. The business was under the control of Ollie Garvin, defendant’s son, who, with J. A. Powell and Prank Smith as clerks, conducted the Business.
On that day the defendant, being heavily in debt and insolvent, without informing any of the inter-pleaders, to whom he was indebted, of his intention so to do, went to Springfield, Missouri, and executed mortgages upon his stock of goods to each one…
2Cases cited17 opinions
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Welch v. SackettWisconsin Supreme Court · 1860
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Parmelee v. SimpsonSupreme Court of the United States · 1867
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- McCoy v. RandallSupreme Court of Missouri · 1909
- Johansen Bros. Shoe Co. v. AllesCourt of Appeals for the Eighth Circuit · 1912
- Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.Supreme Court of Missouri · 1899
- Knoche v. PerryCourt of Appeals of Kansas · 1901
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