Davis v. Tandy
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». E. M. Gates, Judge. (1) The mortgage was void on account of usury. R. S. 1899, sec. 3710. (2) Defendant claiming to be the owner of the cattle, had a right to rely upon this defense. Keim y. Vette,. 167 Mo. 389; Storage Co. v. G-lasner, 169 Mo. 48; Johnson v. Simmons, 61 Mo. App.' 395; Rubber Co. v. Wilson, 55 Mo. App. 656; Voorhees v. Stead, 63 Mo. App. 370; Coleman v. Cole, 158 Mo.
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Appeal from Jackson Circuit Court. — No». E. M. Gates, Judge. (1) The mortgage was void on account of usury. R. S. 1899, sec. 3710. (2) Defendant claiming to be the owner of the cattle, had a right to rely upon this defense. Keim y. Vette,. 167 Mo. 389; Storage Co. v. G-lasner, 169 Mo. 48; Johnson v. Simmons, 61 Mo. App.' 395; Rubber Co. v. Wilson, 55 Mo. App. 656; Voorhees v. Stead, 63 Mo. App. 370; Coleman v. Cole, 158 Mo. App. 253; Marx v. Hart, 166 Mo. 503. (3) The issue that the mortgage was invalid and void on account of usury or for any other reason was sufficiently raised by…
1Opinion of the CourtEllison, J.
Plaintiffs charge defendant with having wrongfully converted to his own use in the State *441of Texas 240 head of cattle which they claim were theirs by reason of a chattel mortgage securing a promissory note for $3,803, with ten per cent interest, both executed to them by one Hale. The answer was a general denial. The judgment in the trial court was for the plaintiffs. The plaintiffs are citizens of this State while Hale and defendant at the time of the execution of the note and mortgage were citizens of Texas; and those instruments were dated and executed in that State, in proper form, and the…
2Cases cited41 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Andrews v. PondSupreme Court of the United States · 1839
- Dugan v. LewisTexas Supreme Court · 1891
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3Cited by12 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Merchants' & Manufacturers' Securities Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1934
- Estate of De Gheest v. Estate of De GheestSupreme Court of Missouri · 1951
- Simmons v. SternCourt of Appeals for the Eighth Circuit · 1925
- Vennum v. MertensMissouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.