Mallmann v. Harris Bros.
Missouri Court of Appeals
Appeal from the Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The court committed manifest error in the instruction given-of its own motion. Donnell v. Byern, 69 Mo. 468; Bullene v. Barrett, 87 Mo. 185. It is immaterial that the interpleader may not have asked an instruction concerning the fixtures.
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Appeal from the Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The court committed manifest error in the instruction given-of its own motion. Donnell v. Byern, 69 Mo. 468; Bullene v. Barrett, 87 Mo. 185. It is immaterial that the interpleader may not have asked an instruction concerning the fixtures. The court’s instruction peremptorily excluded everything, except the question as to sales by Harris Brothers, in the usual course of business, and the application of the proceeds to their own use, with Johnson’s consent, and directed the jury to find against the interpleader, if such sales…
1Opinion of the CourtSmith, P. J.
This case may be stated in this way: Harris Brothers, who were the owners of a stock of drugs, medicines, etc., owed the interpleader bank several notes, amounting to about $2,000. On June 12, 1893, Harris Brothers, for the purpose of securing the payment of said notes,' executed and delivered a deed of trust to one Johnson, as' trustee, covering their stock of drugs and medicines, etc., in their storehouse, and also their counters, scales, show cases, iron safe, and other fixtures. The deed was duly recorded in the proper county. The store was immediately closed by the trustee, after the…
2Cases cited16 opinions
- Clark v. HammerleSupreme Court of Missouri · 1858
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Greeley v. ReadingSupreme Court of Missouri · 1881
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3Cited by2 opinions
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944