Finke v. Pike
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The verdict is against the law and the facts of' the ease. The fact that the note and mortgage had $50 put into it to return to Jamison invalidates the whole-transaction, and renders the mortgage fraudulent per se. It is void in toto. R. S. 1889, sec. 5169; Hanna v. Finley, 83 Mo. App. 645. The fact of this $50 being-' put into the mortgage took from it all question of good faith.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The verdict is against the law and the facts of' the ease. The fact that the note and mortgage had $50 put into it to return to Jamison invalidates the whole-transaction, and renders the mortgage fraudulent per se. It is void in toto. R. S. 1889, sec. 5169; Hanna v. Finley, 83 Mo. App. 645. The fact of this $50 being-' put into the mortgage took from it all question of good faith. Hence, each, of the interpleader’s instructions that submitted the question of good faith to the jury was error. (2) The description of the…
1Opinion of the CourtGrinn, J.
— This is a contest between Einke &Nasse, attaching creditors of defendant Pike, and interpleader Jamison, as mortgagee of a stock of merchandise at Vandalia, Missouri. The plaintiffs sued Pike by attachment, and had the sheriff levy on the goods, then in the possession of Jamison, the mortgagee. Jamison asserted his right by interpleading in the attachment suit. The issue was tried in the court below, where the interpleader was successful, and plaintiffs appealed.
I. The principal contention by plaintiffs’ counsel seems to be that interpleader’s mortgage was void, by reason of the fact that…
2Cases cited4 opinions
- Straus v. RothanSupreme Court of Missouri · 1890
- State ex rel. Comfort v. MasonSupreme Court of Missouri · 1888
- Corning & Co. v. Rinehart Medicine Co.Missouri Court of Appeals · 1891
- Hanna v. FinleyMissouri Court of Appeals · 1889
3Cited by4 opinions
- Barbee & Co. v. CrawfordMissouri Court of Appeals · 1908
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914
- State ex rel. Jamison v. FinkMissouri Court of Appeals · 1894
- Kane v. ManleyMissouri Court of Appeals · 1895