Swinney v. Gouty
Missouri Court of Appeals
Appeal from tbe Greene Circuit Oo-urt.- — Son. James Tilford Neville, Judge. (1) Tbe corn was not planted at tbe time tbe. chattel mortgage in evidence was given, the mortgage bearing date of April 16, and the undisputed testimony that they commenced planting corn on April 20, following, and at law such a mortgage is void and the trial court should have so declared the law as requested by appellant.
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Appeal from tbe Greene Circuit Oo-urt.- — Son. James Tilford Neville, Judge. (1) Tbe corn was not planted at tbe time tbe. chattel mortgage in evidence was given, the mortgage bearing date of April 16, and the undisputed testimony that they commenced planting corn on April 20, following, and at law such a mortgage is void and the trial court should have so declared the law as requested by appellant. Neither the respondent nor the Swinney Banking Company was ever in possession of the corn, and an action for damages for conversion thereof will not lie against the defendant. If the corn had…
1Opinion of the CourtBiggs, J.
Thi's is an action for the conversion of some com. The corn grew upon a farm owned by D. S. Dorrell and was sold by him to the defendant, who converted it to his own use. The plaintiff claimed to own the corn as the assignee of the Swinney Banking Company. The alleged title of the banking company is based on a mortgage executed by Dorrell to it, in which Dorrell conveyed to the banking company “one hundred acres of corn on the west half of lots 6 and 7 and the east half of lot 7 of the northwest quarter of section 6,” etc., to secure a debt of $690. The mortgage was dated on the sixteenth of…
2Cases cited8 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- Rutherford v. StewartSupreme Court of Missouri · 1883
- France v. ThomasSupreme Court of Missouri · 1885
- Keating v. HannenkampSupreme Court of Missouri · 1889
- Anderson v. McPikeMissouri Court of Appeals · 1890
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3Cited by3 opinions
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
- Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
- First National Bank v. JohnsonMissouri Court of Appeals · 1927