McCandless v. Moore
Supreme Court of Missouri
Jippeal from, Cameron Court of Common Pleas. Possession of property as bailee for certain purposes, or as a pawn or pledge in any manner to secure a debt, whether evidenced by mortgage or not, is sufficient to authorize a recovery by such possession against any other person for damaging or converting the same to his own use. (2 Greenl. Ev. 612 — 14, note, § 637; 1 Blackst. Com. book 2, pp. 318, 396.) The mortgage is sufficient of itself to authorize a recovery.
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Jippeal from, Cameron Court of Common Pleas. Possession of property as bailee for certain purposes, or as a pawn or pledge in any manner to secure a debt, whether evidenced by mortgage or not, is sufficient to authorize a recovery by such possession against any other person for damaging or converting the same to his own use. (2 Greenl. Ev. 612 — 14, note, § 637; 1 Blackst. Com. book 2, pp. 318, 396.) The mortgage is sufficient of itself to authorize a recovery. It vested the legal title in plaintiffs, and authorized them to take possession of the cow; and no sale or other disposition of the…
1Opinion of the CourtBliss, Judge
This suit was brought for the value of a cow, and the evidence tended to show that one Langley executed to the plaintiffs his promissory note for $50, and secured it by a mortgage upon the cow, and delivered possession; and that, while in the possession of their agent, she was taken and sold to defendants by Langley’s wife, and was by them slaughtered. It was left doubtful by the evidence whether the title was absolutely surrendered to the plaintiffs after the mortgage, or whether the property was still held under it; and the court held that if the cow was held under the mortgage, the…
2Cited by7 opinions
- Mitchell v. McMullenSupreme Court of Missouri · 1875
- Buddington v. MastbrookMissouri Court of Appeals · 1885
- Cartwright v. CulverSupreme Court of Missouri · 1881
- Halderman v. StillingtonMissouri Court of Appeals · 1895
- Smoak v. . SockwellSupreme Court of North Carolina · 1910
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