Firebaugh v. Stone
Supreme Court of Missouri
Error to Callaway Circuit Court. I. The court erred in allowing the defendant Stone to retain the money in his hands to be appropriated to the payment of debts owing by Dyer & Robertson to him. His ansWer admits a certain fund in his hands, acquired by him under a void assignment, consisting of money specially designated in the answer as United States legal tender notes, and other notes and accounts mostly worthless.
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Error to Callaway Circuit Court. I. The court erred in allowing the defendant Stone to retain the money in his hands to be appropriated to the payment of debts owing by Dyer & Robertson to him. His ansWer admits a certain fund in his hands, acquired by him under a void assignment, consisting of money specially designated in the answer as United States legal tender notes, and other notes and accounts mostly worthless. The attaching creditors, Firebaugh and Brown, from the moment the process of garnishment was served upon him, acquired a lien upon this fund. Stone docs not occupy the position…
1Opinion of the CourtWagner, Judge
Plaintiff sited Dyer & Roberts on by attachment, and summoned Stone as garnishee. Stone answered stating that he had in his possession and under his control certain money, goods, effects, &c., of the defendants, by virtue of an assignment made and executed by them to him.
This assignment in another case came before this court, and it was decided to bo invalid. After said decision Stone filed his amended answer, stating that at the time of the service of the garnishment, he had in his possession twenty-seven hundred dollars in United States legal tender treasury notes, and about twenty-five…
2Cases cited1 opinion
- George Beach, in Error v. Jonathan Viles in ErrorSupreme Court of the United States · 1829
3Cited by9 opinions
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
- Williams v. ScullinMissouri Court of Appeals · 1894
- Wenneker v. Physicians Multispecialty Group, Inc.Supreme Court of Missouri · 1991
- Johnson v. Geneva Publishing Co.Supreme Court of Missouri · 1894
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