Mansue-Tebbetts Implement Co. v. Ritchie
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) The court erred in giving the first instruction on the part of the respondent. This instruction purports to cover the entire case and directs a verdict against the interpleader, if the jury should find a fraudulent intent on the part of the cashier of the bank in accepting the note indorsed to it.
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Appeal from Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) The court erred in giving the first instruction on the part of the respondent. This instruction purports to cover the entire case and directs a verdict against the interpleader, if the jury should find a fraudulent intent on the part of the cashier of the bank in accepting the note indorsed to it. It wholly omits any requirement of a fraudulent purpose on the part of the grantor in the deed of trust or the beneficiary named therein. Distilling Go. v. Fills, 63 Mo. App. 17; Parker v. Roberts, 116 Mo. 657; Van Raalte v.…
1Opinion of the CourtMarshall, J.
On the tenth of May, 1894, J. J. Ritchie executed and delivered to S. P. Hudson, a promissory note for $2,225.74, and secured it by a deed of trust, in the usual form, to Bruton as trustee for Hudson, covering a stock of merchandise in Sturgeon, *593Missouri, which was properly recorded the same day. Hudson at once transferred the note and deed to the Sturgeon Savings Bank in payment and satisfaction of an indebtedness from him to the bank. On the eleventh of May, 1894, Bruton, the trustee, went to the store and found Mr. Owens, a clerk for Ritchie, in possession, who turned over the keys to the…
2Cases cited17 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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