Toney v. Goodley
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) “The question is, shall the interpleader recover? And such recovery must be by affirmatively showing that he is entitled to the property.” 'Boiler v. Cohen, 42 Mo. App. 97-99. (2) The contract introduced was executory and not executed; evidenced an agreement to sell and not a sale. If Groodley had refused to carry out the contract, interpleader could not have replevied the goods.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) “The question is, shall the interpleader recover? And such recovery must be by affirmatively showing that he is entitled to the property.” 'Boiler v. Cohen, 42 Mo. App. 97-99. (2) The contract introduced was executory and not executed; evidenced an agreement to sell and not a sale. If Groodley had refused to carry out the contract, interpleader could not have replevied the goods. Its remedy would have been damages for violation of a contract. The title did not pass to interpleader. Title does not pass so long as there…
1Opinion
ON KEHEARING.
Ellison, J.
— We granted a rehearing in this case principally for the reason that we found that that portion of the foregoing opinion which ruled that attachment was not the proper remedy for the enforcement of a landlord’s lien was in conflict with a case in the supreme court, Garroutte v. White, 92 Mo. 240.
The whole case has, however, been again well argued and we have again given it our consideration. The sale and the circumstances of the sale we find on examination to be as originally stated. The contract *247does not show a contract of sale of a part, of a quantity of hay to be…
2Cases cited6 opinions
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Thornton v. CarverSupreme Court of Georgia · 1888
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Garroutte v. WhiteSupreme Court of Missouri · 1887
- Dawson v. CoffeyMissouri Court of Appeals · 1892
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