Legal Opinion

State ex rel. First National Bank v. Seavey & Flarsheim

Missouri Court of Appeals

Decided May 3, 1909PublishedCited by 6 opinions

Error to the Jackson Circuit Court. — Hon. John G. Parle, Judge. (1) The rule in suits for conversion of property that allowance of interest is discretionary with the jury has no application to actions on attachment bonds on account of the detention of an interpleader’s money by the attachment proceedings, in which case interest is the proper measure of damages. Padley v. Catterlin, 64 Mo. App. 647; Goodman v. Railway, 71 Mo. App. 464; York v. Bank, 105 Mo. App. 139.

1Opinion of the CourtJohnson, J.

— Action brought by an interpleader on an attachment bond to recover damages sustained in consequence of the wrongful levy of the writ of attachment on his property. A trial had on December 13, 1906, resulted in a verdict and judgment for plaintiff in the sum of $806.31, and the cause is here on writ of error sued out by defendants.

In 1902, the M'innewawa Home Packing Company, a partnership' doing business in California, sold a quantity of raisins to defendants, Seavey & Flarsheim, a partnership in business at Kansas City for the price of $1,134.25. At about the same time, the Packing Company…

2Cases cited16 opinions

  1. Goddard v. FosterSupreme Court of the United States · 1873
  2. Shickle v. WattsSupreme Court of Missouri · 1887
  3. Watson v. HarmonSupreme Court of Missouri · 1885
  4. State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
  5. State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874

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3Cited by6 opinions

  1. Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
  2. State ex rel. Jiner v. FoardSupreme Court of Missouri · 1913
  3. Gabbert v. EvansMissouri Court of Appeals · 1914
  4. Grandview Bank & Trust Co. v. Midwest Plastering, Inc.Missouri Court of Appeals · 1982
  5. Eagle v. Redmond Building Corp.Missouri Court of Appeals · 1997

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