Nolan v. Deutsch
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On May 16, 1883, Baggs & Smiley were running a saloon in Higginsville, Missouri, known as the Marble Hall; there was no other sign on the building. On that •day Isaac H. Reed bought out the saloon stock and fixtures of Baggs & Smiley.
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Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On May 16, 1883, Baggs & Smiley were running a saloon in Higginsville, Missouri, known as the Marble Hall; there was no other sign on the building. On that •day Isaac H. Reed bought out the saloon stock and fixtures of Baggs & Smiley. An invoice of the articles sold ■was made and price agreed upon and payment made, Reed procuring the conveyance of a house and lot, which he had before that time bought, but for which he had not taken a conveyance, to Baggs for four hundred dollars, and giving a…
1Opinion of the CourtEllison, J.
All of the instructions asked, by appellant were given. He complains of two given for interpleader, but we regard them as correct under the facts as summarised in the statement of the cause. The facts do not make out a sale, void as a matter of law under the statute, and the court was not asked to so declare it.
The following is one' of the chief causes, alleged in the assignment of errors, for a reversal of the judgment, viz. : “The attached property having been sold before the filing of the interplea, any finding and judgment for the interpleader in the case was and is erroneous.”
The…
2Cases cited1 opinion
- Hewson v. TootleSupreme Court of Missouri · 1880
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