Nicholson v. Merstetter
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. - Shackleford, Judge. (1) The trial court erred in directing the jury to find for the plaintiff in the attachment. There was evidence tending to show that Merstetter had surrendered or returned the cash register to the appellant’s attorney and that the same had been accepted in payment of Merstetter’s indebtedness.
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Appeal from the Cooper Circuit Court. — Hon. D. W. - Shackleford, Judge. (1) The trial court erred in directing the jury to find for the plaintiff in the attachment. There was evidence tending to show that Merstetter had surrendered or returned the cash register to the appellant’s attorney and that the same had been accepted in payment of Merstetter’s indebtedness. Whether there was in fact a delivery of possession to appellant’s attorney raised an issue of fact which should have been submitted to the jury. It was a question for the jury to decide. The rule in this class of cases is, “that a…
1Opinion of the CourtGill, J.
The subject-matter of this controversy
is a small machine called a “cash register,” which was formerly owned by Merstetter, the above named defendant, and on which plaintiff Nicholson caused an attachment to be levied in a suit against Merstetter. In due season the National Cash Register Company interpleaded for the property and on a trial in the cir*444cuit court of the issues between it and the plaintiff, a verdict and judgment in plaintiff’s favor was entered in pursuance of a peremptory instruction from the court, and the interpleader appealed.
In determining the propriety of the circuit…
2Cases cited4 opinions
- McIntosh v. SmileySupreme Court of Missouri · 1891
- McIntosh v. SmileyMissouri Court of Appeals · 1888
- Harmon v. MorrisMissouri Court of Appeals · 1887
- Huggins Cracker & Candy Co. v. T. H. Ellis & Co.Missouri Court of Appeals · 1891