Provenchere v. Reifess
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fishes, Judge. There must be some privity between the principal debtor (here Hull) and the garnishee. The garnishment of the agent of one who is a debtor to the princicipal debtor is futile. Atwood v. Hale, 17 Mo. App. 81; Nenerv. O’Fallon, 18 Mo. 277; Drake on Attachments, sec. 514.
1Opinion of the Court
Rombauee, P. j.
This appeal is prosecuted by the plaintiff from an order of the court awarding the defendant a new trial. There is no substantial conflict in the evidence, and no just exceptions can be taken to the rulings of the court in admitting and rejecting evidence upon the trial of the cause. The motion for new trial was sustained exclusively on the ground that the court had erred in its declaration of law.
The facts as developed by the evidence, and presumably found by the court, are as follows: Hull, the plaintiff’s assignor, sold certain hogs to one Budweiller, a commission merchant,…
2Cases cited2 opinions
- Atwood v. HaleMissouri Court of Appeals · 1885
- Ridge v. OlmsteadSupreme Court of Missouri · 1881
3Cited by3 opinions
- Northrup v. ColterMissouri Court of Appeals · 1910
- Central Lumber & Manufacturing Co. v. Reyburn-Laird Real Estate, Building & Construction Co.Missouri Court of Appeals · 1915
- Beckwith v. Massillon Rolling Mill Co.Missouri Court of Appeals · 1915