O'Connor & Harder Range & Furnace Co. v. Alexe
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A mortgagee is a purchaser for value. BrocJcing v. Straeb, 17 Mo. App. 303. The burden of proof was on the plaintiff to show that the interpleader had knowledge of the fact that the purchase price had not been paid. Albert v. Beset, 88 Mo. 150; Bolclcow Mill Co. v. Frazer, 22 Mo.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A mortgagee is a purchaser for value. BrocJcing v. Straeb, 17 Mo. App. 303. The burden of proof was on the plaintiff to show that the interpleader had knowledge of the fact that the purchase price had not been paid. Albert v. Beset, 88 Mo. 150; Bolclcow Mill Co. v. Frazer, 22 Mo. App. 109. The cause having been submitted to the jury under proper instructions, the appellate court will not weigh the evidence to see whether the jury came to a correct conclusion on the facts. Johnson v. Building Co., 23 Mo. App. 546; Norton v. City of…
1Opinion of the CourtLewis, P. J.
The plaintiff sold and delivered to the defendant, Alexe, six stoves, for cash, payable on delivery. Alexe paid twenty-five dollars on his purchase, leaving a balance unpaid. The record does not inform us of the date of this sale, or the amount of the balance remaining due to the seller. Afterwards, on November 12, 1885, Alexe executed and delivered to the interpleader, Jos. Schnaider Brewing Company, a chattel mortgage, conveying the stoves and other personal property, to secure the payment of a promissory note for seven hundred and fifty dollars, due one day after date. On December 3, 1885,…
2Cases cited4 opinions
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- Silvey v. SummerSupreme Court of Missouri · 1875
- Bowen v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Skyles v. BollmanSupreme Court of Missouri · 1884
3Cited by1 opinion
- Boyd v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889