Tomlinson v. Ellison
Supreme Court of Missouri
Appeal from Jackson Circuit Coitrt. — Hon. T. A. Gtll,. Judge. Ti-ie action is in replevin for certain promissory notes, amounting, in total value, to about $35,000. The answer is a general denial. Plaintiff is administrator of the estate of Francis F. Ford, deceased. The notes belonged to the latter in his-lifetime. The defendant is a nominal party or mere stakeholder, the real party interested adversely to plaintiff being Henry T. Ford, brother to the deceased.
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Appeal from Jackson Circuit Coitrt. — Hon. T. A. Gtll,. Judge. Ti-ie action is in replevin for certain promissory notes, amounting, in total value, to about $35,000. The answer is a general denial. Plaintiff is administrator of the estate of Francis F. Ford, deceased. The notes belonged to the latter in his-lifetime. The defendant is a nominal party or mere stakeholder, the real party interested adversely to plaintiff being Henry T. Ford, brother to the deceased. The latter claims title to the notes under the following instrument, viz.: '“Know all men by these presents, that I, the…
1Opinion of the CourtBarclay, J.
— The cause was submitted by both parties in the trial court on the theory that it was governed by the law applicable to gifts in view of death. The instructions given at the instance of each party plainly show this. We, therefore, review the case from the legal standpoint thus furnished, since parties to litigation are regarded as bound here by the positions .assumed by them in the trial court, as held in Tetherow v. Railroad (1888), 98 Mo. 85, and other recent precedents. Whitmore v. Sup. Lodge (1889), 100 Mo. 47; Jennings v. Railroad (1889), 99 Mo. 394.
The vital issue in the case, as shown…
2Cases cited3 opinions
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
3Cited by35 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Herbert v. WaggSupreme Court of Oklahoma · 1910
- Trautz v. LempSupreme Court of Missouri · 1932
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Maldaner v. SmithWisconsin Supreme Court · 1899
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