Scharff v. Meyer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in giving interpleader’s instruction.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in giving interpleader’s instruction. This declares the law to be that after defendant had sold goods deliverable at their plantation, and after they had delivered them there and the boat on which they were delivered had given bills of lading which made the goods deliverable by the boat to the vendees, defendants could thereafter, without any indorsement of bills, but by mere delivery of them to the interpleaders, pass to the interpleader title to the goods. Benjamin on Sales [6 Am. Ed.], secs. 362,…
1Opinion of the CourtBurgess, J.
This is an action by attachment. Under the writ, six hundred and nineteen barrels of sugar were seized as the property of defendants. The sugar was sold under order of the court, and the proceeds arising from said sale paid into court. The Union National Bank, of New Orleans, interpleaded, claiming the fund. The controversy is between the plaintiffs as attaching creditors, who seized the sugar by attachment as the property of Y. & A. Meyer & Company while on the vessel upon which it was shipped, and the interpleader who claims the fund under assignment of the drafts, and transfer of the bills…
2Cases cited13 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- The Marine Bank of Chicago v. . WrightNew York Court of Appeals · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States Ex Rel. Brody v. HechtCourt of Appeals for the Second Circuit · 1926
- Hercules Powder Co. v. State Board of EqualizationWyoming Supreme Court · 1949
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
- Bonds-Foster Lumber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1909
- Menke v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1918
32 more not listed; retrieve them via the Exa API.