City National Bank v. Goodloe-McClelland Commission Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The mortgage does not sufficiently or truly describe or locate the cattle appellant is sued for. (2) The note and the mortgage on which plaintiff relies are non-negotiable. (3) The mortgage authorized Noble to sell the mortgaged property, and it makes him the mortgagee’s agent to do so, and the proof shows that it was his habit, known to the mortgagee, to do so.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The mortgage does not sufficiently or truly describe or locate the cattle appellant is sued for. (2) The note and the mortgage on which plaintiff relies are non-negotiable. (3) The mortgage authorized Noble to sell the mortgaged property, and it makes him the mortgagee’s agent to do so, and the proof shows that it was his habit, known to the mortgagee, to do so. (4) The mortgage specifically declares that it is given to secure not only the note specified, but any indebtedness to Goodloe, and the proof shows there is other…
1Opinion of the CourtSmith, P. J.
The plaintiff is a banking institution incorporated under the national banking laws. The defendant, the Goodloe-MeClelland Commission Company, is a business company incorporated under the laws of this State. The defendant, Arthur G. Godair, is a member of a co-partnership doing business under the name of the Godair Commission Company at East St. Louis, in the State of Illinois. This is an action brought by plaintiff against defendants to recover the value of eighty-five head of steers alleged to have been unlawfully converted by the latter to their own use. The plaintiff had judgment in the…
2Cases cited52 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Chouteau v. AllenSupreme Court of Missouri · 1879
- First National Bank v. GaySupreme Court of Missouri · 1876
- Owings v. McKenzieSupreme Court of Missouri · 1896
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3Cited by32 opinions
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- First National Bank v. ButteryNorth Dakota Supreme Court · 1908
- Missouri-Lincoln Trust Co. v. LongSupreme Court of Oklahoma · 1911
- Wisdom v. KeithleyMissouri Court of Appeals · 1943
27 more not listed; retrieve them via the Exa API.