Alberger v. White
Supreme Court of Missouri
Appeal from Randolph Circuit Court. (1) Instruction number 2 given at the instance of respondent is erroneous, for the reason that it limits the right of the interpleader, Carlisle, “to take and receive a note, and have it secured by deed of trust on the property of Eugene White for any Iona fide debt or liability of said White to him” (Carlisle). The main object and purpose of the note and deed of trust was to secure the payment of debts and obligations contracted by the…
Read the full summary
Appeal from Randolph Circuit Court. (1) Instruction number 2 given at the instance of respondent is erroneous, for the reason that it limits the right of the interpleader, Carlisle, “to take and receive a note, and have it secured by deed of trust on the property of Eugene White for any Iona fide debt or liability of said White to him” (Carlisle). The main object and purpose of the note and deed of trust was to secure the payment of debts and obligations contracted by the old firm of White & Carlisle (of which interpleader was a member), debts and liabilities due to third parties, and for…
1Opinion of the CourtGantt, J.
— In a suit by attachment instituted by respondent in the circuit court of Boone county against Eugene .White, among several other creditors, a stock of goods, wares and merchandise and other property was levied upon, which theretofore, on the seventeenth of May, 1889, had been conveyed by deed of trust by the said White to J. H. Waugh to secure the payment of a promissory note of $4,000 of that date to James A. Carlisle. The said Waugh and Carlisle interpleaded in said suits, claiming the property under said deed of trust. The respondent answered, admitting the execution of said deed of…
2Cases cited10 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- Stewart v. OuthwaiteSupreme Court of Missouri · 1897
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Crothers v. BuschSupreme Court of Missouri · 1900
- Donk Bros. Coal & Coke Co v. StevensMissouri Court of Appeals · 1898
11 more not listed; retrieve them via the Exa API.