Deer v. People's Bank of Springfield, 5057.

• Citation: 47 S.W.2d 787
• Decision Date: 31 March 1932
• Docket Number: No. 5057.,5057.
• Parties: DEER v. PEOPLE'S BANK OF SPRINGFIELD.
• Court: Court of Appeal of Missouri (US)

47 S.W.2d 787

DEER v. PEOPLE'S BANK OF SPRINGFIELD.

No. 5057.

Springfield Court of Appeals. Missouri.

March 31, 1932.

Appeal from Circuit Court, Greene County; Warren L. White, Judge.

"Not to be officially reported."

Suit by R. E. Deer against the People's Bank of Springfield, originating in the justice of peace court. From the judgment on appeal to the circuit court affirming a judgment for plaintiff, defendant appeals.

Affirmed.

Hamlin, Hamlin & Hamlin, of Springfield, for appellant.

L. H. Musgrave, of Springfield, for respondent.

BAILEY, J.

This is a suit for the conversion of certain live stock. The cause originated in the justice of the peace court, where judgment was for plaintiff. On appeal to the circuit court, trial was had to a jury, which resulted in a verdict and judgment for plaintiff in the sum of $108.05, from which judgment defendant has appealed to this court.

Plaintiff claims that on the 2d day of October, 1930, he purchased from one A. E. Harralson and Belle Harralson certain cattle, described as follows: "One spotted cow, about five years old; one Brindle cow about five years old; also a one-eyed cow with a bull calf at her side; all located on a farm in Lawrence County, Missouri, belonging to and in the possession of plaintiff at the time."

Plaintiff testified that he bought the three cows and calf, above described, and took a bill of sale for same from Harralson and wife; that he got the cows on a settlement when he traded Harralson's farm. The evidence further shows that defendant, on the 13th day of August, 1930, obtained a chattel mortgage from the Harralsons, securing a note in the sum of $800 on certain live stock, described in the mortgage, as follows: "Five Yellow Jersey Cows, Three Brown Jersey Cows, Two Holstein Cows, Two Red Brindle Cows, Three Red Roan Cows, and Forty-four Poland China Shoats, located on farm about three and one-half miles south-west of Halltown, Lawrence County, Mo."

The evidence also shows that on September 13, 1930, defendant obtained a further chattel mortgage, securing a note in the sum of $350; the property being described in the mortgage as follows: "Three Holstein Cows, 4 years old; One Red cow, 5 years old; Two Jersey Heifers, 3 years old; One Jersey Cow, 7 years old; one Jersey Cow, 4 years old; One Durham Bull; Eight Sows, and Four Jersey Heifers, one year old, all located on farm (Williams Farm) about four and one-half miles of Halltown, Lawrence County, Missouri."

Each of the chattel mortgages contained the usual provisions, and provided that, upon default, defendant had the right to take possession of the cattle and sell same at public or private sale. The evidence on the part of plaintiff tends to show that defendant, on or about October 23, 1930, employed a certain Joe White, who was engaged in the cattle and trucking business, to haul some cattle from the Harralson's farm to Springfield, which he did. He, or his employees, brought back from this farm, according to White's testimony, thirteen head of cattle, consisting of eight cows, two heifers, a bull, and two calves. He was armed with the chattel mortgages, above described, at the time. Acting for the defendant, he sold the cattle at the Union Stock Yards in Springfield, Mo. He testified that he sold a five year old spotted Holstein cow; also a one-eyed yellow Jersey cow about ten years old, with a...