Zuck v. Turner Harness & Carriage Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J. B. Perkins, Judge. (1) Sec. 3423, R. S. 1899; Kemer v. Wilkerson, 70 S. W. 509. (2) A finding in a replevin suit brought by an infant while yet a minor to recover possession of chattels taken from her by virtue of a chattel mortgage given by her to secure the payment of money borrowed for a business enterprise, that she can not disaffirm the contract made by the mortgage without first restoring the consideration is erroneous.
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Appeal from Jasper Circuit Court. — Ho». J. B. Perkins, Judge. (1) Sec. 3423, R. S. 1899; Kemer v. Wilkerson, 70 S. W. 509. (2) A finding in a replevin suit brought by an infant while yet a minor to recover possession of chattels taken from her by virtue of a chattel mortgage given by her to secure the payment of money borrowed for a business enterprise, that she can not disaffirm the contract made by the mortgage without first restoring the consideration is erroneous. Corly v. Burton, 32 Mich. 30. (3) A chattel mortgage is not enforceable against a minor mortgagor. Barney v. Rutledge, 104…
1Opinion of the CourtBroaddus, J.
On March 11, 1901, plaintiff, a minor, but who claimed to defendant company to be twenty-one years old, purchased of said defendant a buggy and one set of buggy harness, in payment for which he executed one note for $40 with eight per cent interest, due September 1,1901, and a second note for a similar amount, bearing the same rate of interest, due January 1, 1902, securing the same by executing a chattel mortgage conveying to defendant the buggy and harness and also the mare in dispute. Default being made in the payment of the notes, the defendant took possession of the buggy and mare but…
2Cases cited1 opinion
- Downing v. StoneMissouri Court of Appeals · 1891
3Cited by1 opinion
- Van Horn v. PersingerMissouri Court of Appeals · 1919