Chrisman-Sawyer Banking Co. v. Strahorn-Hutton-Evans Commission Co.
Missouri Court of Appeals
Appeal"from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in the admission of the plaintiff’s mortgage in evidence. Said mortgage is void,because of the indefiniteness and uncertainty of the description of the two hundred head of cattle described therein. Mackey v. Jenkins, 62 Mo.
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Appeal"from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in the admission of the plaintiff’s mortgage in evidence. Said mortgage is void,because of the indefiniteness and uncertainty of the description of the two hundred head of cattle described therein. Mackey v. Jenkins, 62 Mo. App. 618; Stonebraker v. Eord, 81 Mo. 532. (2) The question asked by plaintiff’s counsel of the witness, Sawyer, whether the cattle seen by him were the same as those described in plaintiff’s mortgage, and whether he could distinguish the cattle mortgaged from the other cattle on the same…
1Opinion of the CourtEllison, J.
Statement. John Duckworth owed plaintiff a note of $1,500 with interest which he secured on the day of its date, September 30, 1897, by giving to plaintiff a chattel mortgage on a lot of cattle described and located on a certain farm. On the next day he gave to defendant a chattel mortgage on a lot of cattle located as being on the same farm, many of them being the same which had been mortgaged to plaintiff. After-wards defendant took possession of the cattle claimed by plaintiff as being in its mortgage and converted them, defendant claiming the cattle under its mortgage. Plaintiff then…
2Cases cited3 opinions
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- State ex rel. Jones v. WhiteMissouri Court of Appeals · 1897
3Cited by4 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Young v. Bank of PrincetonMissouri Court of Appeals · 1903
- Bruce v. KaysMissouri Court of Appeals · 1928
- Jones Bros. Live Stock Commission Co. v. LongCourt of Appeals of Kansas · 1901