Harper v. Eubank
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The chattel mortgage is an acknowledgment in writing of the existence of the debt, and constitutes a promise to pay it. Warlich'v. Jeter son, 58 Mo. 408, 417.; Maslin v. Branham, 86 Mo. 643. The mortgage recites, acknowledges and promises to pay the debt in the most solemn form. But the debt was not due or payment could not be demanded of mortgageor until Harper had received all he could get of the estate.
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Appeal from the Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The chattel mortgage is an acknowledgment in writing of the existence of the debt, and constitutes a promise to pay it. Warlich'v. Jeter son, 58 Mo. 408, 417.; Maslin v. Branham, 86 Mo. 643. The mortgage recites, acknowledges and promises to pay the debt in the most solemn form. But the debt was not due or payment could not be demanded of mortgageor until Harper had received all he could get of the estate. Belay in demand is contemplated by the terms of the contract. In such case, the statute does not commence to run until…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace on the following complaint:
‘ ‘ Plaintiff states that, on the twenty-sixth day of January, 1876, defendant executed to him a contract and chattel mortgage, signed and sealed, by which he agreed to pay plaintiff the sum of one hundred and twenty-five dollars, if it was not paid to plaintiff out of the assets of the estate of John W. Colburn, deceased, and agreed to pay ail of said sum that was not paid out of the assets of said estate, and he says said estate was settled in 1880, and was utterly insolvent, and paid no part of said sum, and…
2Cases cited4 opinions
- Hunter v. HunterSupreme Court of Missouri · 1872
- Boyd v. HurlbutSupreme Court of Missouri · 1867
- Mastin v. BranhamSupreme Court of Missouri · 1885
- Fleming v. LullmanMissouri Court of Appeals · 1881
3Cited by3 opinions
- Stock v. SchlomanMissouri Court of Appeals · 1930
- Vogel v. KennedyMissouri Court of Appeals · 1907
- Scheele v. LongMissouri Court of Appeals · 1955