Dodd, Brown & Co. v. Wilson
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andrew .Elltson, Judge. The case and facts are stated in the opinion of the court. I. The court found for defendant on the ground that the note secured by the mortgage was negotiable .and entitled to days of grace, and that suit was prematurely bought. The note was not negotiable. Fitzhar-ris v. Leggett, 10 Mo.
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Appeal from Macon Circuit Court, Hon. Andrew .Elltson, Judge. The case and facts are stated in the opinion of the court. I. The court found for defendant on the ground that the note secured by the mortgage was negotiable .and entitled to days of grace, and that suit was prematurely bought. The note was not negotiable. Fitzhar-ris v. Leggett, 10 Mo. App. 527; McCoy v. Green, 83 Mo. 626; Bank v. Gay, 63 Mo. 33 ; Bamsiag v. Conley, <64 Mo. 476 ; Bank v. Marlow, 71 Mo. 618. The words, “with exchange on St. Louis,” introduce an element of uncertainty as to the sum to be paid, and destroys its…
1Opinion of the Court
Ellisojt, .J.
This is an action of replevin, the petition and affidavit charging an unlawful taking and detaining of the goods • replevined. The affidavit ■contained a statement under section 3849, Revised Statutes, “ that said property was wrongfully taken, and that plaintiff’s right of action accrued within one year next before the filing of this suit.” The goods were taken from defendant’s possession. The answer was a general denial, with a special defence in addition.
The result below was in favor of defendant, and plaintiffs appeal.
It appears that the defendant executed to plaintiffs a…
2Cases cited3 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
3Cited by11 opinions
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Baldridge v. DawsonMissouri Court of Appeals · 1890
- Weber Implement Co. v. DunardMissouri Court of Appeals · 1914
- B-W Acceptance Corp. v. AlexanderSupreme Court of Missouri · 1973
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