Legal Opinion

Henderson v. Tolman

Missouri Court of Appeals

Decided April 6, 1908PublishedCited by 2 opinions

Appeal from Buchanan Circuit Court. — Son. Chesley A. Mosman, Judge. . (1) The petition is fatally defective, and a demurrer should have been sustained. Rutherford v. Williams, 42 Mo. 35; Haseltine v. Bank, 155 Mo. 67; Livingstone v. Burton, 43 Mo.

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Appeal from Buchanan Circuit Court. — Son. Chesley A. Mosman, Judge. . (1) The petition is fatally defective, and a demurrer should have been sustained. Rutherford v. Williams, 42 Mo. 35; Haseltine v. Bank, 155 Mo. 67; Livingstone v. Burton, 43 Mo. App. 272; Adler v. Carl, 155 Mo. 154; Raines v. Scott, 13 Ohio 107; Reitz v. Foeste, 30 Wis. 693; Clark v. Finlon, 90 Ill. 245; Neurath v. Hecht, 62 Md. 221; Dunham v. Dey, 15 John (N. Y.) 555; McDaniel v. Barnum, 5 Vt. 279; 22 Enc. Plead. & Prac., 465; Bell v. Mulholland, 90 Mo. App. 620; Session, Laws Mo. 1895, p. 172. (2) Prior to the date dast…

1Opinion of the CourtEllison, J.

This is a proceeding in equity to set aside and cancel a certain assignment of plaintiffs wages earned and to be earned from the Chicago, Burlington & Quincy Railway Company. Defendant demurred to the petition, which being overruled by the trial court, he has brought the case here.

The assignment by plaintiff of his wages was to secure money borrowed by him of defendant and should' be regarded as in the nature of a chattel mortgage. The allegations of the petition show that it Avas executed to secure a loan of thirty-six dollars loaned at an exorbitant and usurious rate of interest theretofore…

2Cases cited5 opinions

  1. American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
  2. Hilgert v. LevinMissouri Court of Appeals · 1897
  3. Voorhis v. StaedMissouri Court of Appeals · 1895
  4. Tolman v. Union Casualty & Surety Co.Missouri Court of Appeals · 1901
  5. Lyons v. SmithMissouri Court of Appeals · 1905

3Cited by2 opinions

  1. Service Purchasing Co. v. BrennanMissouri Court of Appeals · 1931
  2. Smith v. BeckerMissouri Court of Appeals · 1916

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