Martin-Perrin Mercantile Co. v. Perkins
Missouri Court of Appeals
Appeal from the ‘Ray Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The chattel mortgage from defendant Perkins to Ray County Savings Bank to secure $600 due by Perkins to the bank, was filed for record before the account sued on was created; and at the time the account was made, Perkins having informed Hanks, the agent of plaintiff, of the execution of the mortgage .and the filing of the same for record and the credit having been given thereafter with full knowledge of…
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Appeal from the ‘Ray Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The chattel mortgage from defendant Perkins to Ray County Savings Bank to secure $600 due by Perkins to the bank, was filed for record before the account sued on was created; and at the time the account was made, Perkins having informed Hanks, the agent of plaintiff, of the execution of the mortgage .and the filing of the same for record and the credit having been given thereafter with full knowledge of the premises, the plaintiff is now estopped from declaring said mortgage to be void and fraudulent as against his rights…
1Opinion of the CourtSmith, P. J.
This is an action on an account by attachment, grounded on the seventh subdivision of section 521, Revised Statutes. There was a trial by *313the court without the aid of a jury, resulting in judgment for plaintiff, to reverse which judgment defendant has appealed.
It appears from an examination of the record before up that no exceptions were taken and preserved to the action of the trial court in the admission or rejection of evidence, and that no instructions were asked or given, so that if we can uphold the judgment on any possible theory of law applicable to the facts, we must do so.
It appears…
2Cases cited22 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Reed v. PelletierSupreme Court of Missouri · 1859
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
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3Cited by5 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Duke, Lennon & Co. v. DukeMissouri Court of Appeals · 1902
- Morris v. EllisIndiana Court of Appeals · 1897
- Bank of Malden v. Wayne Heading Co.Missouri Court of Appeals · 1918
- Albert v. Van FrankMissouri Court of Appeals · 1901