Tower-Doyle Commission Co. v. Smith
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. William'L. Jarrott, Judge. - (1) An infant may disaffirm a note and chattel mortgage executed by him to secure same. Stotts v. Leonhard, 40 Mo. App. 336; Miller v. Smith, 26 Minn, 248; s. c., 37 Am. Rep. 407; Corey v. Burton, 32 Mich. 30; Chapin v. Shafer, 49 N. T. 411. (2) An infant may recover a reasonable compensation for work by him, though he has avoided the contract in reference thereto.
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Appeal from the Cass Circuit Court. — Hon. William'L. Jarrott, Judge. - (1) An infant may disaffirm a note and chattel mortgage executed by him to secure same. Stotts v. Leonhard, 40 Mo. App. 336; Miller v. Smith, 26 Minn, 248; s. c., 37 Am. Rep. 407; Corey v. Burton, 32 Mich. 30; Chapin v. Shafer, 49 N. T. 411. (2) An infant may recover a reasonable compensation for work by him, though he has avoided the contract in reference thereto. Lowe v. Sinklear, 27 Mo. 308; Dube v. Beaudry, 150 Mass. 448; s. c., 15 Am. St. 228; Morse v. Ely, 154 Mass. 458; s. c., 26 Am. St. 263. (3) The minor having…
1Opinion of the CourtEllison, J.
This is an action' of replevin for a lot of *493steers which were of proper age and condition for fattening. The plaintiff recovered judgment in the trial court.
It appears that plaintiff sold the cattle to defendant for $850, the latter executed his note due in four months to plaintiff together with a chattel mortgage on the cattle to secure the same. Defendant was an infant at the time of his purchase and the date of the note and mortgage. Plaintiff delivered the cattle to him and he fed them a lot of corn of the value of $450.. His services in feeding and attending the cattle were of the value…
2Cases cited7 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Price v. FurmanSupreme Court of Vermont · 1855
- Lowe v. SinklearSupreme Court of Missouri · 1858
- Gaffney v. HaydenMassachusetts Supreme Judicial Court · 1872
- Judkins v. WalkerSupreme Judicial Court of Maine · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gordon v. MillerMissouri Court of Appeals · 1905
- Ross P. Curtice Co. v. KentNebraska Supreme Court · 1911
- Van Horn v. PersingerMissouri Court of Appeals · 1919
- Skinner v. YoungMissouri Court of Appeals · 1904