Napa Valley Wine Co. v. Rinehart
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) The court erred in refusing the instructions asked by interpleader. The first was that, under the pleadings and evidence, the finding should be for the interpleader. The second was to the effect that plaintiff had no lien on the goods for the unpaid purchase money, and the same were not subject to attachment in a suit against Rinehart for said purchase price.
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Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) The court erred in refusing the instructions asked by interpleader. The first was that, under the pleadings and evidence, the finding should be for the interpleader. The second was to the effect that plaintiff had no lien on the goods for the unpaid purchase money, and the same were not subject to attachment in a suit against Rinehart for said purchase price. The statute, Revised Statutes, 1889, section 4914, does not give the vendor a lien on the goods sold for the price. Parker v. Bodes, 79 Mo. 88; Morris n.…
1Opinion of the CourtSmith, P. J.
This an action by attachment. The facts out of which the action arose are that the plaintiff sold and delivered .to defendant Rinehart a bill of California wines amounting to four hundred dollars on four months’ time. The defendant being indebted to the interpleader bank in the sum of four thousand dollars, and in order to secure said indebtedness, executed to it a chattel mortgage, whereby he conveyed to it all of the goods in his store, which included the goods which had been sold and delivered to the defendant by the plaintiff, and which had not been paid for. The plaintiff brought its…
2Cases cited29 opinions
- Swift v. TysonSupreme Court of the United States · 1842
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- Oates v. National BankSupreme Court of the United States · 1879
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- Crawford v. SpencerSupreme Court of Missouri · 1887
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