Price Brokerage Co. v. Rushfeldt
Missouri Court of Appeals
Appeal from Bnclianan Circuit Court. — Eon. Chas. E. Mayer, Judge. (1) When the defendant sold the draft with bill of lading attached, to the interpleader, bank, on December 4,1913, and the bank deposited the money for it to defendant’s credit and defendant checked against it, the title to the car of potatoes passed to the bank, and the defendant had no attachable interest in the .property, and for that reason the judgment should have been in favor of the interpleader.
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Appeal from Bnclianan Circuit Court. — Eon. Chas. E. Mayer, Judge. (1) When the defendant sold the draft with bill of lading attached, to the interpleader, bank, on December 4,1913, and the bank deposited the money for it to defendant’s credit and defendant checked against it, the title to the car of potatoes passed to the bank, and the defendant had no attachable interest in the .property, and for that reason the judgment should have been in favor of the interpleader. Hendley v. Globe Ref. Co., 106 Mo. App. 20 ; Bank v. Milling Co., 163 Mo. App. 135; Grain Co. v. Grain Co., 171 Mo. App. 354;…
1Opinion of the CourtEllison, P. J.
Plaintiff brought an action on account against defendant and sued out ah attachment in aid and seized a carload of potatoes shipped to defendant at St. Joseph, Missouri, from Hawley, Minnesota. The State Bank of Hawley claimed to own the potatoes and filed its interplea in the cause. Judgment was rendered against the interpleader and it has appealed to this court.
When defendant received the bill of lading, he endorsed it to interpleader and drew a draft on it for $420. These he delivered to interpleader and the latter at that time entered that sum on its books as a credit to defendant.
It is…
2Cases cited6 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Mann v. Second National BankSupreme Court of Kansas · 1883
- Drovers' National Bank v. BlueMichigan Supreme Court · 1896
- Alabama Grocery Co. v. 1st National BankSupreme Court of Alabama · 1908
- Boyd v. Bank of Mercer CountyMissouri Court of Appeals · 1913
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