National Bank of Commerce v. Morris
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) A mortgagor may sell the mortgaged chattel, free from the lien, with the oral consent of the mortgagee.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) A mortgagor may sell the mortgaged chattel, free from the lien, with the oral consent of the mortgagee. Jones on Chattel Mortgages [4 Ed.], secs. 456 and 486; Holloway v. Arnold, 92 Mo. 293; Stafford v. Whitcomb, 8 Allen, 518; Pratt v. Maynard, 116 Ma,ss. 388; Brant v. Daniels, 45 111. 453; Gage v. Whittier, 17 N. H. 317; Saxton v. Williams, 15 Wis. 292; Perry v. Dow, 56 Vt. 569; Littlejohn v. Pearson, 23 Neb. 192; Bank v. Weed, 89 Mich. 357. (2) First; The mortgagor has the right to sell all of his interest before…
1Opinion of the CourtBurgess, J.
This is an action of trover and conversion of five hundred and seventy head of cattle. The trial resulted in a judgment for plaintiff in the sum of $11,979.05 from which defendants appeal. The case was before this court on a former occasion, and will be found reported in 114 Mo. 255, to which- reference is made for a full statement of the facts.
On the last trial an effort was made to show that the, cattle were sold by the mortgagors by and with the consent of the mortgagee, Dunn, and that at the time of giving such consent he was the agent of plaintiff.
At the instance of plaintiff, the court,…
2Cases cited3 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Holloway v. ArnoldSupreme Court of Missouri · 1887
3Cited by5 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Hackett v. Van FrankMissouri Court of Appeals · 1904
- Stockyards National Bank v. B. Harris Wool Co.Supreme Court of Missouri · 1926
- Renfro v. Central Coal & Coke Co.Missouri Court of Appeals · 1929
- In re Zero Refrigerator Lines, Inc.District Court, W.D. Missouri · 1939