Duke, Lennon & Co. v. Duke
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) This controversy over the proceeds of the sale of the thirty-three cattle sold to Duke & Lennon, plaintiffs, is between the defendants, W. H. H. Duke and E. M. Woods on the one side; and the Boston-Kansas City Cattle Loan Company on the other side. Duke and Woods base their title solely on a sale under the proceedings to enforce an agister’s lien. The action to enforce this lien was against H. G. Cherry, only.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) This controversy over the proceeds of the sale of the thirty-three cattle sold to Duke & Lennon, plaintiffs, is between the defendants, W. H. H. Duke and E. M. Woods on the one side; and the Boston-Kansas City Cattle Loan Company on the other side. Duke and Woods base their title solely on a sale under the proceedings to enforce an agister’s lien. The action to enforce this lien was against H. G. Cherry, only. The trial court correctly held that the loan company was not bound by any judgment against Cherry. As only those who are…
1Opinion of the Court
SMITH, P. JV
— -The plaintiffs, partners engaged in the live stock commission business in Kansas City under the name of Duke, Lennon & Co., filed a petition in the nature of a bill of interpleader, in the circuit court, alleging that they, in their quality of live stock commission merchants, had sold for the defendant Cherry thirty-three head of steers for which they had received ’as the net proceeds of such sale $1,850.85; that the defendants Duke and Woods claimed to be the absolute owners of said cattle; that the defendant loan company claimed the proceeds of said sale under a certain…
2Cases cited9 opinions
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Johnson v. JeffriesSupreme Court of Missouri · 1860
- Arn v. ArnMissouri Court of Appeals · 1899
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895
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- American Zinc, Lead & Smelting Co. v. Markle Lead WorksMissouri Court of Appeals · 1903
- Lippman, Morrison & Co. v. WarrenMissouri Court of Appeals · 1902
- Tillman v. DeeseMissouri Court of Appeals · 1972
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