Brown v. Koffler
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas N. Reynolds, Special Judge. (1) The court erred in permitting the plaintiff to introduce in evidence over the objection of the defendants a copy of the chattel mortgage and in overruling the defendant’s motion to strike such evidence from the record. The mortgage had been released of record and satisfaction acknowledged as provided for by statute.
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Appeal from Jackson Circuit Court. — Hon. Thomas N. Reynolds, Special Judge. (1) The court erred in permitting the plaintiff to introduce in evidence over the objection of the defendants a copy of the chattel mortgage and in overruling the defendant’s motion to strike such evidence from the record. The mortgage had been released of record and satisfaction acknowledged as provided for by statute. (2) This release and satisfaction of the mortgage is of such a nature that it would first have to be set aside by a court of equity before the instrument so satisfied and extinguished could be…
1Opinion of the CourtJohnson, J.
Action for personal judgment against defendants on a negotiable promissory note and to foreclose a chattel mortgage to secure the payment of the same. Defendants, in their answer, admit the execution of the note and mortgage as alleged in the petition and plead that “they in good faith and for full consideration paid said note at maturity thereof, to Anna Koffler, the then owner and holder of said note and that by reason thereof, the said note is fully paid and satisfied and is now in the possession of these defendants; and that the mortgage securing said note was satisfied of record by Anna…
2Cases cited12 opinions
- Luther v. ClaySupreme Court of Georgia · 1897
- Fithian v. MonksSupreme Court of Missouri · 1869
- Thayer v. CampbellSupreme Court of Missouri · 1845
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
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3Cited by3 opinions
- Cornwell v. MossSupreme Court of Kansas · 1915
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Pouder v. ColvinMissouri Court of Appeals · 1913