Franco-American Loan & Building Ass'n v. Joy
Missouri Court of Appeals
Appeal from the St. Louis Comity Circuit Court. — Hon. Rudolph Hibzel, Judge. The plaintiff in a bill of interpleader must be a mere stakeholder, claiming no interest in the fund, and liable to be vexed by two or more suits in the name of different persons going on at the same time. Hathaway v. Foy, 40 Mo. 540; Glaser v. Priest, 20 Mo.
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Appeal from the St. Louis Comity Circuit Court. — Hon. Rudolph Hibzel, Judge. The plaintiff in a bill of interpleader must be a mere stakeholder, claiming no interest in the fund, and liable to be vexed by two or more suits in the name of different persons going on at the same time. Hathaway v. Foy, 40 Mo. 540; Glaser v. Priest, 20 Mo. App. 1. Plaintiff must allege and prove an actual claim made, and threat of suit upon it, by each defendant for the same thing, debt or duty, before an order of interpleader will go. Pomeroy’s Equity Jurisprudence, sec. 1320; Providence Bank v. Wilkenson, 4 R.…
1Opinion of the CourtBiggs, J.
— Concerning the material facts out of which this litigation has arisen, there is no controversy. On September 6, 1891, Rebecca Lowenstein, •the wife of Henry Lowenstein, was the owner of a house and lot in St. Louis county, and on said day she negotiated a loan of $1,600 from the respondent, and to secure said loan she and her husband executed .a deed of trust on her said property. On November 3, 1891, one Albers instituted a suit against Henry Lowenstein for material furnished in the construction of the house and also to enforce a mechanic’s lien against "the premises, which lien antedated…
2Cases cited2 opinions
- Hathaway v. FoySupreme Court of Missouri · 1867
- Glaser v. PriestMissouri Court of Appeals · 1888
3Cited by8 opinions
- Arn v. ArnMissouri Court of Appeals · 1899
- County Court of Clay Co. v. BakerMissouri Court of Appeals · 1922
- Love v. Hartford Life InsuranceMissouri Court of Appeals · 1910
- Wabash Railroad v. FlanniganMissouri Court of Appeals · 1902
- Swain v. BartlettMissouri Court of Appeals · 1900
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