Koppelman Furniture Co. v. Fricke
Missouri Court of Appeals
Appeal from the Kranlclin Circuit Court.- — lion. Rudolph TIirzel, Judge. The chattel mortgage, under which respondent claimed the goods attached in the hands of Wehrmann, on its face contemplated that the mortgagee should continue in possession of the mortgaged property and nse the same as his stock in trade, and that whatever goods, in the course of the business, should be brought into the stock should be subject to the mortgage.
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Appeal from the Kranlclin Circuit Court.- — lion. Rudolph TIirzel, Judge. The chattel mortgage, under which respondent claimed the goods attached in the hands of Wehrmann, on its face contemplated that the mortgagee should continue in possession of the mortgaged property and nse the same as his stock in trade, and that whatever goods, in the course of the business, should be brought into the stock should be subject to the mortgage. The mortgage therefore was not only a void mortgage under the statute (R. S., sec. 2497), but, by reason of the features which made it so void, it was evidence…
1Opinion of the CourtBiggs, J.
On the twentieth day of November, 1886, the plain-tifE instituted a suit by attachment in the circuit court of Franklin county, against the defendant William Fricke.
The case was submitted to the court on the following agreed statement of facts, to-wit:
“It is hereby agreed by and between the said plaintiff and defendant and interpleader, that in all proceedings between said parties, or any of them, the following may be read and received as an agreed statement of facts, and as sufficient evidence of the facts in such statement recited as follows, to-wit:
‘'First. That on or about the first day…
2Cases cited4 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Armstrong v. TuttleSupreme Court of Missouri · 1864
- Dobyns v. MeyerMissouri Court of Appeals · 1885
3Cited by3 opinions
- Martin v. HollowayIdaho Supreme Court · 1909
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944
- State ex rel. Smith v. RoeverMissouri Court of Appeals · 1893