Dixon v. Atkinson
Missouri Court of Appeals
Appeal from the Maeou Circuit Court. — Hon. N. M. Shelton, Judge. (1) A letting of the property to another to use and enjoy the benefits is a disposal of it, so as to render the mortgagor immediately liable for the purchase money secured by the mortgage, although by the terms of the mortgage the same has not otherwise become due and payable. 9 Am. and Eng. Ency. -of Law, p. 540; Hill v. Sumner, '132 H. S. 124 and cases cited; Platt v. Eailway, 99 H. S. 48 and cases cited.
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Appeal from the Maeou Circuit Court. — Hon. N. M. Shelton, Judge. (1) A letting of the property to another to use and enjoy the benefits is a disposal of it, so as to render the mortgagor immediately liable for the purchase money secured by the mortgage, although by the terms of the mortgage the same has not otherwise become due and payable. 9 Am. and Eng. Ency. -of Law, p. 540; Hill v. Sumner, '132 H. S. 124 and cases cited; Platt v. Eailway, 99 H. S. 48 and cases cited. “Disposal” -and “Dispose of” >as used in the chattel mortgage means to in any way part with the use to another. (2)…
1Opinion of the CourtEllison, J.
Defendant mortgaged to plaintiff a lot of furniture and fixtures pertaining to a restaurant to secure an indebtedness he owed to plaintiff. The mortgage permitted defendant to remain in possession until default, but contained conditions that defendant should not sell or offer to sell or dispose of the goods. It contained also a condition that defendant should not allow an unreasonable depreciation of the property. The judgment was for defendant.
There was a great deal of testimony taken at the trial covering the issues of fact and at its close many instructions were offered by each party. An…
2Cases cited3 opinions
- Dodd, Brown & Co. v. WilsonMissouri Court of Appeals · 1887
- Stroud v. MortonMissouri Court of Appeals · 1897
- Herring v. CorderMissouri Court of Appeals · 1892
3Cited by3 opinions
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Cable v. Metropolitan Life InsuranceMissouri Court of Appeals · 1939
- National Theatre Supply Co. v. ScovillMissouri Court of Appeals · 1929