Deering & Co. v. Collins & Son
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The first instruction given for the interpleader is wrong in two important particulars, (a) It tells the jury that said “deed of trust will be deemed bona fide and honest” (as against the plaintiff), “unless it is proven to be fraudulent,” thus making the recitals in said deed evidence' of a sufficient consideration, which is essential, as against plaintiff, who is a stranger thereto, and as to whom…
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The first instruction given for the interpleader is wrong in two important particulars, (a) It tells the jury that said “deed of trust will be deemed bona fide and honest” (as against the plaintiff), “unless it is proven to be fraudulent,” thus making the recitals in said deed evidence' of a sufficient consideration, which is essential, as against plaintiff, who is a stranger thereto, and as to whom said recitals are mere hearsay, (b) In the latter portion thereof it is argumentative, and comments on the ' evidence,…
1Opinion of the CourtGill, J.
In November, 1887, plaintiffs, Deering & Co., began an attachment suit against defendants, Collins & Son, and levied upon a certain stock of merchandise at Knobnoster, where said Collins & Son had conducted business. A short time before this attachment suit was brought Collins & Soil had made a deed of trust to interpleader Hornbuckle to secure the *77payment of some twenty-one hundred dollars, claimed to be owing to one C. H. Dewar. This deed of trust covered the same property thus attached by Deering & Co., and when the attachment was levied'interpleader Hornbuckle was in possession under said…
2Cases cited6 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Spencer v. VanceSupreme Court of Missouri · 1874
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Steinwender v. CreathMissouri Court of Appeals · 1891
- Livingston v. Swofford Bros. Dry Goods Co.Colorado Court of Appeals · 1898
- J. S. Merrill Drug Co. v. KnightonMissouri Court of Appeals · 1898
- Livingston v. Swofford Bros. Dry Goods Co.Colorado Court of Appeals · 1898
- Russell v. LettonMissouri Court of Appeals · 1894