31 S.W. 149 (Ark. 1895), Hendren v. Wing
|Citation:||31 S.W. 149, 60 Ark. 561|
|Opinion Judge:||RIDDICK, J.|
|Party Name:||HENDREN v. WING|
|Attorney:||John J. & E. C. Hornor for appellants.|
|Case Date:||May 18, 1895|
|Court:||Supreme Court of Arkansas|
Appeal from Phillips Circuit Court, GRANT GREEN, JR., Judge.
STATEMENT BY THE COURT.
RIDDICK, J. The appellees, D. R. Wing, C. E. Stephens and Joseph Eggleston, are partners doing business under the firm name of Arkansas Machinery & Supply Company. In the course of their business as such firm, they sold one E. H. Miller the following machinery: One 35 horse power return tubular boiler, with fixtures and fittings, and one 35 horse power C. & T. engine complete with fixtures and connections. For this property Miller agreed to pay $ 906.50, and he gave his note for that amount, payable in installments. Afterwards, to further secure the payment of these notes, Miller executed a mortgage to said Arkansas Machinery & Supply Company, including in said mortgage the machinery purchased and also other property. Miller at this time was also indebted to appellants, and to secure the same had previously given them a mortgage on another boiler and engine. He disposed of this machinery without appellants' consent, and replaced it with the machinery in controversy. Appellants obtained possession of the boiler and engine purchased from appellees, and claim the right to hold same in lieu of the boiler and engine wrongfully disposed of by Miller. Appellees brought replevin to recover the same. Their action was resisted on the ground that the mortgage to the Arkansas Machinery & Supply Company, under which appellees claimed, did not contain the name of either a natural or artificial person, and was therefore void. The circuit court held that the mortgage was valid, and gave judgment in favor of appellees.
A mortgage, whether of real or personal property, to be valid against third persons, must contain as grantee, a person, natural or artificial; a person or corporation. If the mortgage is made to a firm or partnership, the firm name must contain the name of one or more of the partners. 36 Ark. 457; 52 id. 371; 34 Minn. 103; 58 Wis. 332; 26 Kas. 212; 22 P. 770.
[60 Ark. 562]
The Arkansas Machinery & Supply Company is not a corporation, but it is the business name of a firm of partners. The question for us to determine is whether a chattel...
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