Kingsland & Ferguson Manufacturing Co. v. Chrisman
Missouri Court of Appeals
Appeal from DeKalb Circuit Court, Hon. Joseph P. Grubb, Judge. Statement of case by the court. This is an action in replevin for the recovery of the-possession of certain personal property. The facts areas follows: On the fourth day of May, 1884, one W. C. Everett sold to one. Stephen Gaucher the property in controversy, for which Gaucher executed to Everett his-promissory note.
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Appeal from DeKalb Circuit Court, Hon. Joseph P. Grubb, Judge. Statement of case by the court. This is an action in replevin for the recovery of the-possession of certain personal property. The facts areas follows: On the fourth day of May, 1884, one W. C. Everett sold to one. Stephen Gaucher the property in controversy, for which Gaucher executed to Everett his-promissory note. To secure this note, Gaucher executed, on the same day, a chattel mortgage on the property to Everett. Before the maturity of the note, Everett assigned the same, by writing his name on the back thereof and delivering…
1Opinion of the CourtPhilips, P. J.
This case presents the single question, can the assignee of a debt, secured by chattel mortgage, without an assignment of the mortgage itself, maintain, in his own name, the action of replevin for the recovery of the possession of the mortgaged property ? The court below held that he could not.
At first impression this question seemed easily answered. But in the absence of any direct adjudication by our Supreme Court, I find it, on examination of. *311the authorities, by no means free from embarrassment. There is no question of the general proposition, that the assignment of the note carried the…
2Cases cited11 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Hammerslough v. CheathamSupreme Court of Missouri · 1884
- Graham v. NewmanSupreme Court of Alabama · 1852
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
- Crow, McCreary & Co. v. VanceSupreme Court of Iowa · 1857
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3Cited by6 opinions
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- Barnett v. WedgewoodNew Mexico Supreme Court · 1922
- First National Bank v. RagsdaleSupreme Court of Missouri · 1900
- Muldowney v. McCoy Hotel Co.Wisconsin Supreme Court · 1936
- Christy v. ScottMissouri Court of Appeals · 1888
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