Teichman Commission Co. v. American Bank
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court below erred in giving the instructions numbered one, two, three, and four, on the part of inter-pleader, said Teichman Commission Company, Said instruction numbered one is erroneous in assuming that L. W. Wernwag was the agent of said interpleader, and studiously avoids submitting to the jury the question on the evidence as to whether said Wernwag was such agent…
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Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court below erred in giving the instructions numbered one, two, three, and four, on the part of inter-pleader, said Teichman Commission Company, Said instruction numbered one is erroneous in assuming that L. W. Wernwag was the agent of said interpleader, and studiously avoids submitting to the jury the question on the evidence as to whether said Wernwag was such agent of interpleader. It asserts the abstraction that interpleader “had the right to employ an agent to buy wheat,” etc.,…
1Opinion of the CourtEllison, J.
The American Bank recovered a judgment in the Lafayette circuit court against “ Lewis W. Wernwag, agent,” and L. W. Wernwag, for $494.39. The judgment was the result of a suit on a note to said bank signed both by the name of “L. W. Wernwag, agent,” and L. W. Wernwag. An execution was regularly issued on such judgment, under which the Lafayette County Bank was garnished as the debtor of Wernwag, as individual and as agent. The Lafayette County Bank filed its answer to the interrogatories propounded, in which it stated there was in its possession a balance of one thousand and twenty-five…
2Cited by6 opinions
- Boller v. CohenMissouri Court of Appeals · 1890
- Rhoades v. McNultyMissouri Court of Appeals · 1893
- Ætna National Bank v. Water Power Co.Missouri Court of Appeals · 1894
- Graham Paper Co. v. CrowtherMissouri Court of Appeals · 1902
- Jackson v. People's Savings BankMichigan Supreme Court · 1899
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