Blood v. Sovereign Camp Woodmen of World
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. George E. Pepperdine, Special Judge. (1) The pleas of plaintiff are inconsistent and she should have been put to her election. Non est factum and fraud are inconsistent defenses. Green v. Railroad, 192 Mo. 131; Drolshagen v. Railroad, 186 M'o. 258; Behen y. Transit Co., 186 Mo. 430; Yette v. Evans, 111 Mo. App. 588; Betz v. Telephone Co., 121 Mo. App. 473; Boyd v. Transit Co., 108 Mo.
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Appeal from Greene Circuit Court. — Eon. George E. Pepperdine, Special Judge. (1) The pleas of plaintiff are inconsistent and she should have been put to her election. Non est factum and fraud are inconsistent defenses. Green v. Railroad, 192 Mo. 131; Drolshagen v. Railroad, 186 M'o. 258; Behen y. Transit Co., 186 Mo. 430; Yette v. Evans, 111 Mo. App. 588; Betz v. Telephone Co., 121 Mo. App. 473; Boyd v. Transit Co., 108 Mo. App. 303. (2) In-terpleader bottomed his right of recovery upon a written assignment made by deceased. Plaintiff claiming through said deceased, sought to defeat…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— We have set out as well as we deemed necessary the testimony in the case and the proceedings, in it. It will be observed that it was a vigorously fought contest and that every point that the ingenuity of counsel could suggest has been advanced by the learned and able counsel *542for the interpleader. We are compelled, however, to hold that the position of the counsel is untenable. This was a proceeding in equity; beyond any controversy it was an interplea for a fund deposited in court, in which the interpleader ashed affirmative relief. [Lincoln Trust Co. v. Nathan,…
2Cases cited6 opinions
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Vogeler v. PunchSupreme Court of Missouri · 1907
- Southern Bank v. NicholsSupreme Court of Missouri · 1907
- Bick v. WilliamsSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Borchers v. BarckersMissouri Court of Appeals · 1911
- McHenry v. BrownSupreme Court of Missouri · 1965