Smith v. Grand Lodge A. O. U. W.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. There is no equity in the cross-bill of interpleader, filed by the Grand Lodge. “In order to justify the sustentation as such, a bill of interpleader sbonld show that there is some doubt in point of fact, to which of the rival claimants the admitted debt or duty belongs.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. There is no equity in the cross-bill of interpleader, filed by the Grand Lodge. “In order to justify the sustentation as such, a bill of interpleader sbonld show that there is some doubt in point of fact, to which of the rival claimants the admitted debt or duty belongs. It should show also a color of right derived from a common source in the respective claimants, but it should not show a clear title in either against the other.” Sullivan v. Knight, 73 Mo. App. 45; Funk v. Avery, 84 Mo. App. 494. The beneficiary, Mary A.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The first argument advanced for a reversal of the judgment is that the cross-bill of interpleader is without equity insofar as the administrator is concerned, inasmuch as it alleges the Grand Lodge to be a fraternal beneficial association, which if true shows on its face the administrator could have no claim upon the fund. It has been said, and it is no doubt generally true, as a pertinent proposition in interpleader proceedings that the hill must not show a clear right or title in one of its claimants as against the other, for in such case where the right *200of one…
2Cases cited13 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Sovereign Camp Woodmen of the World v. WoodMissouri Court of Appeals · 1903
- Glasner v. WeisbergMissouri Court of Appeals · 1891
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3Cited by12 opinions
- Barr v. SnyderSupreme Court of Missouri · 1949
- Lafayette-South Side Bank & Trust Co. v. SiefertMissouri Court of Appeals · 1929
- Cullen v. Insurance Co. of North AmericaMissouri Court of Appeals · 1907
- Novinger Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1917
- American Life & Accident Insurance Co. v. MorrisMissouri Court of Appeals · 1955
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