Weeks-Betts Hardware Co. v. Roosevelt Lead & Zinc Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Irrespective of the provisions of the lease the sludge table, dummy elevator and appurtenances became a part of the leasehold when placed thereon by the lessees and respondent acquired no interest therein by reason of its chattel mortgage. Bonnewald v. Real Estate Co., 44 Mo. App. 350; Ottumwa Iron Works v. Muir, 126 Mo.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Irrespective of the provisions of the lease the sludge table, dummy elevator and appurtenances became a part of the leasehold when placed thereon by the lessees and respondent acquired no interest therein by reason of its chattel mortgage. Bonnewald v. Real Estate Co., 44 Mo. App. 350; Ottumwa Iron Works v. Muir, 126 Mo. App. 587; Hopewell Mills Co. v. Bank, 23 N. E. .(Mass.) 327; Chatterton v. Saul, 16 111. 150, 19 Cyc. 1074. (2) Where the lease provides that all improvements made by the tenant shall, at the expira, tion of…
1Opinion of the CourtGray, J.
This action was instituted in the circuit court of Jasper county, October 30, 1909, by the plaintiff, to recover the value of certain mining machinery. At the time the suit was instituted the appellant herein, the Roosevelt Lead & Zinc Company, a corporation, was not made a party defendant. An amended petition was filed in which the following allegation relating to the appellant is found: “Plaintiff states that the Roosevelt Lead & Zinc Company is now in possession of said property and holding same and is claiming to hold some interest in said property and objecting to the plaintiff taking…
2Cases cited9 opinions
- Bircher v. ParkerSupreme Court of Missouri · 1867
- Bernheimer v. . AdamsNew York Court of Appeals · 1903
- McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905
- State v. NewkirkSupreme Court of Missouri · 1871
- Hey v. BrunerSupreme Court of Pennsylvania · 1869
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3Cited by3 opinions
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- Collins v. TrumanMissouri Court of Appeals · 1929
- Spalding v. Columbia Theatre Co.Missouri Court of Appeals · 1915