Connersville Buggy Co. v. Lowry
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, J. H. Slover, Judge. (1) The agreement made between Smith and Lowrey, before the maturity of the first installment of the note, was a valid one and fixed the maturity of the note on May 15, 1901, instead of March 1, 1900. The note had not matured and the mortgagee was not entitled to the possession of the property when the attachment suit was brought, September 14, 1900. Hence his creditors could not reach the property by attachment.
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Appeal from Jackson Circuit Court. — Hon, J. H. Slover, Judge. (1) The agreement made between Smith and Lowrey, before the maturity of the first installment of the note, was a valid one and fixed the maturity of the note on May 15, 1901, instead of March 1, 1900. The note had not matured and the mortgagee was not entitled to the possession of the property when the attachment suit was brought, September 14, 1900. Hence his creditors could not reach the property by attachment. Hardware Co. v. Hardware Co., 75 Mo. App. 522. (2) It has been repeatedly ruled in this State, where a debt secured by…
1Opinion of the CourtBroaddus, J.
The original proceeding was by attachment against defendant Lowry in which certain personal property was attached as the property of said defendant then in the hands of the appellant Smith, who filed an interplea in which he claimed that' he was the owner of such property. At the conclusion of the trial the court instructed the jury to find for the plaintiff company. The interpleader appealed.
The facts were, that on the sixth day of March, 1900, the interpleader acknowledged a chattel mortgage to secure a note payable to defendant Lowry in the sum of $800, payable in eight monthly…
2Cases cited6 opinions
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Baldridge v. DawsonMissouri Court of Appeals · 1890
- Bowens v. BensonSupreme Court of Missouri · 1874
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
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