Sovereign Camp Woodmen of the World v. Wood
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) The bill of interpleader in this case is not warranted either by law, or under the facts. 3 Pomeroy’s Equity, secs. 1326-1328; Shaw v. Caster, 8 Paige 339; Leddel v. Starr, 20 N. J. Eq. 274; McDonald v. Allen, 37 Wis. 108; Story’s Equity Pleading, sec. 292, 297; Wilson v. Duncan, 11 Abb.
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Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) The bill of interpleader in this case is not warranted either by law, or under the facts. 3 Pomeroy’s Equity, secs. 1326-1328; Shaw v. Caster, 8 Paige 339; Leddel v. Starr, 20 N. J. Eq. 274; McDonald v. Allen, 37 Wis. 108; Story’s Equity Pleading, sec. 292, 297; Wilson v. Duncan, 11 Abb. Pr. 3, 7; Sulzbacher v. Bank, 20 Jones & S. 269; Bank v. Yandes, 44 Hun 55; Mercantile Co. v. Huntingdon, 89 Hun 465; Jones v. Oil Co., 17 111. App. 111. (2) A mere claim without facts showing its legal validity on the part of Ida R. Wood does…
1Opinion of the CourtEllison, J.
This is a proceeding by a bill in equity to require the defendants to interplead for a certain sum of money alleged to be due from plaintiff to one or the other of defendants. The court sustained the bill and ordered that plaintiff deposit the sum in court and that defendants interplead therefor, and tha.1; plaintiff have its costs and $100 attorney fee out of the fund. Defendants Broadwell and Stewart appeal.
It appears from plaintiff \s petition that plaintiff issued its beneficiary certificate to one Dr. "Wood, payable at his death to his wife, the defendant Ida Wood, for $2,000. That…
2Cases cited10 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Louisiana State Lottery Co. v. ClarkU.S. Circuit Court for the District of Eastern Louisiana · 1883
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
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- Nixon v. New York Life Insurance Co.Texas Supreme Court · 1906
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- General American Life Insurance Co. v. WiestMissouri Court of Appeals · 1978
- Moore Co., Inc. v. J.S. McConkeyMissouri Court of Appeals · 1947
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