Handlan-Buck Manufacturing Co. v. Wendelkin Construction Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) The interpleader must recover on the strength of his own title, if at all, and the burden of proof is on him to establish it'by competent, legal evidence, whether in the form of written instruments or oral testimony, and the court erred in refusing a demurrer to the evidence at end of interpleader’s case. Miller v. Ammon, 145 U. S. 421; Geittv. Mercantile Co., 74 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) The interpleader must recover on the strength of his own title, if at all, and the burden of proof is on him to establish it'by competent, legal evidence, whether in the form of written instruments or oral testimony, and the court erred in refusing a demurrer to the evidence at end of interpleader’s case. Miller v. Ammon, 145 U. S. 421; Geittv. Mercantile Co., 74 Mo. App. 209; Brownell & Wright v. Barnard, 139 Mo. 142; Plano Mfg. Co. v. Cunningham, 77 Mo. App. 376; Paper Co. v. Pub. Co., 79 Mo. App. 504; McDermott v.…
1Opinion of the CourtGoode, J.
(after stating tbe facts.) — Plaintiff’s main proposition is that tbe bill of sale given by tbe Wendelkin Company to Charles H. Alexander is absolutely void because said company, a foreign corporation, was doing business in Missouri without having complied with tbe statutes. This proposition was affirmed, so far as any right of tbe defaulting corporation is concerned, in the case of Tri-State Amusement Co. v. Forest Park Highlands Amusement Company, decided by tbe Supreme Court, 192 Mo. 404. It was decided tbe other way in Carson-Rand Co. v. Stern, 129 Mo. 381, 31 S. W. 772. In the opinion in…
2Cases cited12 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Downing v. RingerSupreme Court of Missouri · 1842
- Carson-Rand Co. v. SternSupreme Court of Missouri · 1895
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3Cited by3 opinions
- Flinn v. GillenSupreme Court of Missouri · 1928
- Jerrold-Stephens Co. v. Gustaveson, Inc.District Court, W.D. Missouri · 1956
- Central Coal & Coke Co. v. Optimo Lead & Zinc Co.Missouri Court of Appeals · 1911