[Download] "Security Trust Company v. Sherwood Homes" by St. Louis District Missouri Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Security Trust Company v. Sherwood Homes
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 17, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Replevin action with a counterclaim for conversion. The case was submitted to the court upon a stipulation of facts and various documents as exhibits, a jury having been waived. Judgment was entered for defendant on plaintiff's petition for replevin and in favor of defendant and against plaintiff on the counterclaim with defendant's damages being assessed at $4,500.00. Plaintiff has appealed and the parties will be referred to herein as plaintiff and defendant. On March 7, 1963, defendant executed and delivered its promissory note to plaintiff in the sum of $4,982.00. The note was payable in twelve monthly installments with the first installment of $406.00 due April 15, 1963, and the remaining installments of $416.00 due each month thereafter. Securing this note was defendant's chattel mortgage on a fork-lift truck. The mortgage was duly filed. The consideration for the note, $4,700.00, was by plaintiff credited to defendant's checking account and defendant authorized plaintiff to charge this account for the monthly payments. Defendant also maintained a payroll account with plaintiff.