Zeliff v. Schuster
Missouri Court of Appeals
Appeal from Atchison Circuit Court, Hon. Cyrus A. Anthony, Judge. Statement of case by the court. This is an action of interpleader in an attachment suit. The evidence showed that for a year or so prior to April, 1885, the firm of Long & Littel were engaged as partners in the mercantile business at Dotham, Atchison county. They also had a branch store at the town of Fairfax. The business at Fairfax was run by the interpleader Zeliff, as the agent of Long & Littel.
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Appeal from Atchison Circuit Court, Hon. Cyrus A. Anthony, Judge. Statement of case by the court. This is an action of interpleader in an attachment suit. The evidence showed that for a year or so prior to April, 1885, the firm of Long & Littel were engaged as partners in the mercantile business at Dotham, Atchison county. They also had a branch store at the town of Fairfax. The business at Fairfax was run by the interpleader Zeliff, as the agent of Long & Littel. The sign over the door of the Fairfax store was, “Cheap Cash Store,” with the name of J. W. Zeliff underneath it. In the month of…
1Opinion of the CourtPhilips, P. J.
The instructions in this case are unusually numerous, presenting every possible phase of the questions which ordinarily arise in such trials. The appellants asked twelve, and the court gave ten of them. *498One of the two refused was in the nature of a demurrer to the evidence ; and everything valuable in the other was embraced in other declarations of law given. When the proper view of the facts is taken in this case, it will at once become apparent that the appellants had the benefit of issues and propositions of law much more favorable to them than the law warrants.
I. It may be conceded to…
2Cases cited7 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Schooler v. SchoolerMissouri Court of Appeals · 1885
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- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
- State ex rel. Redmon v. DurantMissouri Court of Appeals · 1893
- Hellman v. SomervilleSupreme Court of Missouri · 1908
- Fernández v. OlivenciaSupreme Court of Puerto Rico · 1913