Commerce, Trust Co. v. White
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E E. Porterfield, Judge. (1) This is a suit at law. Harrison v. Doyle, K. C. App. 147, S. W. Rep. 504; State ex rel. v. Evans, 176 Mo. 314; Fithian v. Monk, 43 Mo. 517; Riley v. McCord, 24 Mo. 265. (2) A receiver cannot he appointed in a suit at law. Miller v. Perkins, 154 Mo. 629-637; 34 Cyc.
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Appeal from Jackson Circuit Court. — Hon. E E. Porterfield, Judge. (1) This is a suit at law. Harrison v. Doyle, K. C. App. 147, S. W. Rep. 504; State ex rel. v. Evans, 176 Mo. 314; Fithian v. Monk, 43 Mo. 517; Riley v. McCord, 24 Mo. 265. (2) A receiver cannot he appointed in a suit at law. Miller v. Perkins, 154 Mo. 629-637; 34 Cyc. Law and Procedure, 102; Ochme v. Rucklehams, 50 N. J. L. 84, 11 Atl. 145; Murphy v. Fidelity, 69 Neb. 489, 95 N.- W. 1022. (3) A receiver cannot he appointed .except in case of extreme necessity. . Ford v. Railroad, 52 Mo. App. 439-448; Bank v. Field, 156 Mo.…
1Opinion of the CourtEllison, P. J.
Defendants, other than Burkhardt, executed a chattel mortgage to plaintiff on a livery stable stock to secure a note for three thousand dollars. They afterwards sold the stock to defendant Burkhardt and delivered possession to him. Burkhardt refused to deliver the property to plaintiff and disputed the validity of its lien. Thereupon plaintiff instituted this action, which is stated in two counts. The -first seeks a judgment on the note, and the second sets up the chattel mortgage, the sale to Burkhardt, his promise to pay the note and his failure to do so and his subsequent denial of the…
2Cases cited6 opinions
- Underwood v. CaveSupreme Court of Missouri · 1903
- Glover v. St. Louis Mutual Bond Investment Co.Supreme Court of Missouri · 1897
- Tuttle v. BlowSupreme Court of Missouri · 1903
- Tuttle v. BlowSupreme Court of Missouri · 1901
- Miller Bros. v. PerkinsSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commerce Trust Co. v. WhiteMissouri Court of Appeals · 1913