Scott-Force Hat Co. v. Hombs
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) First. The motion in arrest should have been sustained. The Sturgeon Savings Bank could not maintain the interplea and was not a proper party thereto. If the deed of trust was valid, the trustee had the legal title to the property involved and was alone authorized to maintain the action. Meyers v. Bale, 17 Mo.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) First. The motion in arrest should have been sustained. The Sturgeon Savings Bank could not maintain the interplea and was not a proper party thereto. If the deed of trust was valid, the trustee had the legal title to the property involved and was alone authorized to maintain the action. Meyers v. Bale, 17 Mo. App. 204; Parker v. Bodes, 79 Mo. 88; Pace v. Pierce, 49 Mo. 393; Lacy v. Gibony, 36 Mo. 320. Second. It is true that the name of the trustee is mentioned in the interplea. He does not, however, verify the same, nor…
1Opinion of the CourtRobinson, J.
During the year 1888 a mercantile firm composed of Robinson & Hoinbs was organized and began business as general merchants in the town of Harrisburg, Boone county, Missouri, and continued in business until October, 1890, when one O. W. Barnett purchased the interest of said Robinson in said firm and assumed all the liabilities of the old firm of Robinson & Hombs, among which was a debt of the old firm to the Sturgeon Savings Bank for money borrowed, which had gone into, and made part of the capital stock of, said firm.
On the organization of the new firm and to increase its capital stock, it…
2Cases cited3 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
3Cited by6 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Zimmerman v. DowneyMissouri Court of Appeals · 1896
- Nichols v. R. J. & W. M. Boyd Construction Co.Missouri Court of Appeals · 1915
- Bohm Bros. v. StiversMissouri Court of Appeals · 1899
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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