Tuttle & Pike v. Bracey-Howard Construction Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Special Judge. (1) The title to the wire in question never passed from the interpleader to defendant. No order for this wire Avas ever given hy any one having authority to purchase it. There is no such order shoAvn in the correspondence. (2) To this point we invite the court’s earnest attention.
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Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Special Judge. (1) The title to the wire in question never passed from the interpleader to defendant. No order for this wire Avas ever given hy any one having authority to purchase it. There is no such order shoAvn in the correspondence. (2) To this point we invite the court’s earnest attention. There is not a word before the court which is evidence of authority on the part of Mr. Bracey, and such authority cannot be assumed merely because it appears that he was president of the BraceyHoward Construction Company. 10 Cyclopaedia of Law…
1Opinion of the CourtBroaddus, P. J.
Interplea. The plaintiffs instituted suit against defendant and caused writ of attachment to be issued, under which was seized as property of defendant six spools of copper wire which was found in a warehouse situated in Kansas City. The appellant filed its interplea in the cause claiming ownership of the property attached, and afterwards executed its bond to the sheriff in the sum of $3,024, and obtained possession of the Avife. By agreement the cause was tried before the Hon. Andrew F. Evans as special judge. The judgment was in favor of the plaintiff and the interpleader appealed.
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2Cases cited4 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895
- John F. Comstock & Co. v. AffœlterSupreme Court of Missouri · 1872
- State ex rel. Cuomo v. HallMissouri Court of Appeals · 1891
3Cited by3 opinions
- House of Lloyd, Inc. v. Director of RevenueSupreme Court of Missouri · 1992
- Hoffman v. Wisconsin Lumber Co.Missouri Court of Appeals · 1921
- VisionStream, Inc. v. Director of RevenueSupreme Court of Missouri · 2015