American Rubber Co. v. Wilson
Missouri Court of Appeals
Appeal from 'the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The only question presented by the appeal in this case, is a construction of the act of 1891, statute governing usury and the validity of liens or mortgages upon personal property. I contend that the court erred in his findings of law in favor of the inter-pleader and against the plaintiff.
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Appeal from 'the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The only question presented by the appeal in this case, is a construction of the act of 1891, statute governing usury and the validity of liens or mortgages upon personal property. I contend that the court erred in his findings of law in favor of the inter-pleader and against the plaintiff. (2) If the mortgage set up by the interpleader was invalid and illegal and the statute declares it so to be, it could convey'no title whatever to the property therein described; and in Georgia, in the case of McLaren v. Clark,…
1Opinion of the CourtEllison, J.
Plaintiff brought this suit by attachment and levied upon a lot of personal property as being the property of defendant. The interpleader herein claimed the property under a chattel mortgage •executed prior to the levy of the attachment. On a trial before the court without a jury, between the inter-pleader and the plaintiff, the interpleader was successful, and plaintiff brings the case here.
It was admitted that interpleader, as mortgagee, had exacted usurious interest which was included in the mortgage. The court gave the following declarations of law, to which plaintiff excepted:
“1. The…
2Cases cited13 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
- Post v. DartNew York Court of Chancery · 1841
- Union National Bank v. International BankIllinois Supreme Court · 1888
- Pope v. SolomonsSupreme Court of Georgia · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Marx v. HartSupreme Court of Missouri · 1902
- Coleman v. ColeSupreme Court of Missouri · 1900
- Vette v. GeistSupreme Court of Missouri · 1900
- Davis v. TandyMissouri Court of Appeals · 1904
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
9 more not listed; retrieve them via the Exa API.