Toney v. Goodley
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) “The question is, shall the interpleader recover? And such recovery must be by affirmatively showing that he is entitled to the property.” 'Boiler v. Cohen, 42 Mo. App. 97-99. (2) The contract introduced was executory and not executed; evidenced an agreement to sell and not a sale. If Groodley had refused to carry out the contract, interpleader could not have replevied the goods.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) “The question is, shall the interpleader recover? And such recovery must be by affirmatively showing that he is entitled to the property.” 'Boiler v. Cohen, 42 Mo. App. 97-99. (2) The contract introduced was executory and not executed; evidenced an agreement to sell and not a sale. If Groodley had refused to carry out the contract, interpleader could not have replevied the goods. Its remedy would have been damages for violation of a contract. The title did not pass to interpleader. Title does not pass so long as there…
1Opinion of the CourtEllison, J.
— This is an attachment suit by a landlord against his tenant, brought under the statute concerning landlord and tenant, for the purpose of enforcing the landlord’s lien for rent. The action was instituted within the eight months limited for the *239duration of a landlord’s lien.
Interpleader filed his interplea, claiming the property, a large lot of hay, as his own, under a purchase from the defendant, the tenant. The interpleader prevailed in the trial court, and plaintiff has appealed.
The first question to dispose of is, whether inter-pleader was the owner of the property at'the time of the…
2Cases cited12 opinions
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- McIntosh v. SmileySupreme Court of Missouri · 1891
- McIntosh v. SmileyMissouri Court of Appeals · 1888
- Hubbard v. MossSupreme Court of Missouri · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Robison v. Floesch Construction Co.Supreme Court of Missouri · 1921
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Calcara v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Dunlap v. DunsethMissouri Court of Appeals · 1899
9 more not listed; retrieve them via the Exa API.