Hagardine-McKittric Dry Goods Co. v. Carnahan
Missouri Court of Appeals
Appeal from tbe Carter ■ Circuit Court.- — Hon. J. L. Fori, Judge. (1) Tbis case should have gone to the jury on a peremptory instruction to return a verdict for the plaintiff. Interpleader knew of the fraud in the sale of the goods, had not paid the purchase price and was not an owner in good faith nor an innocent purchaser and could have no standing in court.
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Appeal from tbe Carter ■ Circuit Court.- — Hon. J. L. Fori, Judge. (1) Tbis case should have gone to the jury on a peremptory instruction to return a verdict for the plaintiff. Interpleader knew of the fraud in the sale of the goods, had not paid the purchase price and was not an owner in good faith nor an innocent purchaser and could have no standing in court. Arnholt v. Hartwig, 78 Mo. 485; Dougherty v. Cooper, 77 Mo. 532; Toung v. Kellar, 94 Mo. 581; Cheek v. Waldron, 39 Mo. App. 25. (2) An interplea is an action of replevin grafted on the attachment law and can not be maintained where…
1Opinion of the CourtBiggs, J.
This is the second appeal in this case (79 Mo. App. 219).
The opinion on the first appeal contains a statement of the main facts, which may be restated as follows: The plaintiff is an attaching creditor of the firm of John M. Carnahan & Company. A few days prior to the attachment Carnahan & Company sold its entire stock of goods to John Carr, the interpleader, for $235. The plaintiff attached the goods, claiming that the sale to Carr was fraudulent. Carr filed an interplea claiming the goods. On the first appeal we reversed the judgment on the interplea, which was in favor of Carr for the…
2Cases cited6 opinions
- Spooner v. RossMissouri Court of Appeals · 1887
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
- S. Albert Grocer Co. v. GoetzMissouri Court of Appeals · 1894
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3Cited by1 opinion
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904