Westbay v. Milligan
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. Jno. C. Lamson, Judge. The defendants had not pleaded and were not relying on the mortgage put in evidence, nor had any testimony been offered identifying the goods in controversy as being the goods covered by the mortgage and showed upon its face that the goods had been sold in the usual course of business. Therefore the mortgage should have been excluded.
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Appeal from the Barry Circuit Court. — Hon. Jno. C. Lamson, Judge. The defendants had not pleaded and were not relying on the mortgage put in evidence, nor had any testimony been offered identifying the goods in controversy as being the goods covered by the mortgage and showed upon its face that the goods had been sold in the usual course of business. Therefore the mortgage should have been excluded. The court by giving instruction numbered 1, determined as a matter of law that inasmuch as the goods had been replevied by Milligan & Son from the Monett Mill and Elevator Company and other…
1Opinion of the CourtBond, J.
— On the twenty-first of February, 1894, A. W. Brown, of Monett, Missouri, executed a trust deed upon his stock in trade to C. D. Milligan & Son to secure his note to them for $1,500. About one year thereafter Brown by some instrument, not shown in the evidence, turned over his stock in trade to A. V. Darroch to secure the bank of Monett and other creditors of Brown. . On the same day Darroch sold the goods and effects to H. H. Westbay, the cashier of the bank of Monett, upon the latter’s agreement to assume the indebtedness provided for in the instrument to Darroch. On the night of the same…
2Cases cited4 opinions
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Willison v. SmithMissouri Court of Appeals · 1895
- Pugh v. WilliamsonMissouri Court of Appeals · 1895
- Rhoades v. McNultyMissouri Court of Appeals · 1893
3Cited by5 opinions
- Coleman v. ReynoldsSupreme Court of Missouri · 1907
- Muzenich v. McClainMissouri Court of Appeals · 1925
- Northwestern State Bank v. SiebermanCourt of Appeals for the Eighth Circuit · 1907
- Beeler v. PerryMissouri Court of Appeals · 1908
- Stockham v. Leach and FruitsMissouri Court of Appeals · 1922