Western Storage & Warehouse Co. v. Glasner
Supreme Court of Missouri
Error to Clay Circuit Court. — Hon. E. J. ■BroadduSj Judge. (1) (a) The court refused to let appellants prove the value of the ninety-five barrels of whiskey in question, at the time the second mortgage was given, or at the time S. J. Smith took it, or at the time of the trial, but allowed the value of it to be proved only at the date S. J. Smith sold it at auction.
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Error to Clay Circuit Court. — Hon. E. J. ■BroadduSj Judge. (1) (a) The court refused to let appellants prove the value of the ninety-five barrels of whiskey in question, at the time the second mortgage was given, or at the time S. J. Smith took it, or at the time of the trial, but allowed the value of it to be proved only at the date S. J. Smith sold it at auction. The evidence proposed as to the value the day S. J. Smith took it, was material, and to exclude it was error,, because Smith’s pledge was void for usury, and by her taking it there was a conversion, and what it was worth then was…
1Opinion of the Court
MARSHALL, I.
— This is a bill of interpleader. The case made is this: Oliver & O’Bryan were wholesale liquor dealers in Kansas City. Mrs. S. J. Smith is a resident of Connecticut, and for years has been lending money in Kansas Oity, through her brother, B. Hoyt, who had full power to act for her, and in many eases, as in this instance, made loans for her without her knowledge. On June 6, 1893, Oliver & O’Bryan borrowed $1,600 from Mrs. Smith, through Hoyt, and on June 8, 1893, they borrowed $2,200 more. The $1,600' loan was for ninety days, with interest from maturity. The $2,200 was for four…
2Cases cited2 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- David Adler & Sons Clothing Co. v. CorlSupreme Court of Missouri · 1900
3Cited by15 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Leavel v. JohnstonMissouri Court of Appeals · 1921
- Ely v. SuttonMissouri Court of Appeals · 1913
- Bahl v. MilesMissouri Court of Appeals · 1928
- Brown v. JohnsonUtah Supreme Court · 1913
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