Miller v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. Both plaintiff and Seib had color of title to the proceeds of the policy, and this is all that is necessary to entitle defendant to interplead the parties. Wilkersonv. Metropolitan Life Ins. Go., 63 Mo. App. 404; Samev. Same, 64 Id. 172; Roberts v. Clayton, 49 Id. 608; 2 Am. and Eng. Ency.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. Both plaintiff and Seib had color of title to the proceeds of the policy, and this is all that is necessary to entitle defendant to interplead the parties. Wilkersonv. Metropolitan Life Ins. Go., 63 Mo. App. 404; Samev. Same, 64 Id. 172; Roberts v. Clayton, 49 Id. 608; 2 Am. and Eng. Ency. Law, p. 496. The right of a defendant to interplead in a pending cause is recognized and established in this state. Roberts v. Clayton, 49 Mo. App. 608, 612; Roselle v. Farmers Bank, 119 Mo. 84; Heusner v. Mutual Life Ins. Co., 47 Mo.…
1Opinion of the CourtRombauer, P. J.
This is an action upon a policy of life insurance issued on the industrial plan. The-action was instituted before a justice of the peace by the plaintiff, who is the beneficiary of the policy named in the application. The defendant interposed no-defense to the merits before the justice, but it claimed *21there, and afterward claimed in the circuit court where the cause was tried on appeal, that it was a mere stakeholder, and should be permitted to file a bill of inter-plea, requiring the plaintiff and one Seib, who was also a claimant of the money secured by the policy, to interplead as to whom…
2Cases cited6 opinions
- Hathaway v. FoySupreme Court of Missouri · 1867
- Newberger v. FriedeMissouri Court of Appeals · 1886
- McQuoid v. LambMissouri Court of Appeals · 1885
- Wolff v. VetteMissouri Court of Appeals · 1885
- Robards v. ClaytonMissouri Court of Appeals · 1892
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3Cited by5 opinions
- Anderson v. Red Metal Mining Co.Montana Supreme Court · 1907
- Newman v. WeinsteinMissouri Court of Appeals · 1934
- Johnson v. StephensMissouri Court of Appeals · 1904
- State v. LasleyMissouri Court of Appeals · 1912
- DeMoss v. Economy Furniture & Carpet Co.Missouri Court of Appeals · 1898