Legal Opinion

Bank of Malden v. Wayne Heading Co.

Missouri Court of Appeals

Decided February 6, 1918PublishedCited by 4 opinions

Appeal from New Madrid County Circuit Court. — Hon. Sterling II. McCarty, Judge.

1Opinion of the CourtSturgis, P. J.

This is an interplea engrafted ■on" an attachment suit. The plaintiff sued on a note by attachment and caused certain personal property of the defendant corporation to be attached. The interpleaders claim this property or an interest in the same under a chattel mortgage executed in their favor by defendants. It is conceded that both parties are creditors of defendant. There was a close run for priority in time as the evidence shows that the attachment was levied and the property taken possession of by the officer at practicially the same time the chattel mortgage was being executed..…

2Cases cited11 opinions

  1. Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting CompanySupreme Court of the United States · 1915
  2. Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
  3. Wright v. BundyIndiana Supreme Court · 1858
  4. Fairbanks Steam Shovel Co. v. WillsCourt of Appeals for the Seventh Circuit · 1914
  5. First National Bank v. WilcoxWashington Supreme Court · 1913

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State Ex Rel. O'Keefe v. BrownSupreme Court of Missouri · 1951
  2. Bostian v. Universal C. I. T. Credit CorporationCourt of Appeals for the Eighth Circuit · 1956
  3. Earhart v. ValeriusDistrict Court, W.D. Missouri · 1938
  4. Bostian v. UniversalCourt of Appeals for the Eighth Circuit · 1957

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