Meyberg v. Jacobs
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. — How. Rudolph Hikzel, Judge. (1) The court erred in requiring the interpleader to assume the burden of proof. Albert v. Beset, 88 Mo. 150; Butter v. Gutzweiler, 39 Mo. 91; Knapp, Stout & Co. v. Joy, 9 Mo. App. 47; EazeTl v. Bank, 95 Mo. 60. (2) The giving of the judgments against Jacobs in evidence was wrong. The judgments were prematurely rendered. Interpleader was no party to those suits.
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Appeal from the Gasconade Circuit Court. — How. Rudolph Hikzel, Judge. (1) The court erred in requiring the interpleader to assume the burden of proof. Albert v. Beset, 88 Mo. 150; Butter v. Gutzweiler, 39 Mo. 91; Knapp, Stout & Co. v. Joy, 9 Mo. App. 47; EazeTl v. Bank, 95 Mo. 60. (2) The giving of the judgments against Jacobs in evidence was wrong. The judgments were prematurely rendered. Interpleader was no party to those suits. Ladd, Patrick & Co. v. Couzens, 35 Mo. 513; Horcross v. Hudson, 32 Mo. 227; 1 Gfreenl. [14 Eel.] sec. 522. (3) The question asked defendant, and appearing on page…
1Opinion of the CourtEllison, J.
A trial in the circuit court resulted against the interpleader and she brings the case here for review.
Jacobs was engaged in the mercantile business and had become insolvent. He owed a number of wholesale merchants for goods purchased of them. He also owed Mrs. Goldman, the interpleader, a sum amounting to $1,429.61. In order to collect her debt she purchased of Jacobs his entire stock, inventoried at $2,319.25, cost price, for $1,723.48,. turning in, in .payment, her debt of $1,429.61 and paying him in cash $293.87. The plaintiff Meyberg brought suit by attachment against Jacobs and attached…
2Cases cited8 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Oppenheimer v. M. Halff & Bro.Texas Supreme Court · 1887
- McVeagh v. BaxterSupreme Court of Missouri · 1884
- Desberger v. HarringtonMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Redpath Bros. v. LawrenceMissouri Court of Appeals · 1890
- State ex rel. Redmon v. DurantMissouri Court of Appeals · 1893
- Tennent-Stribling Shoe Co. v. RudyMissouri Court of Appeals · 1893
6 more not listed; retrieve them via the Exa API.