New England National Bank v. Northwestern National Bank
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. Baumbaugb did not acquire actual or constructive possession of any of the cattle on or before October 14, 1898. (a) He never, personally, at any time bad possession. Claflin v. Rosenberg, 42 Mo. 449; Swiggett v. Dodson, 38 Kan. 707; Harris v. Pence, 93 Iowa 48, 61 N. W. 927. (b) Nor did Baumbaugb ever bave any constructive possession of tbe cattle.
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Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. Baumbaugb did not acquire actual or constructive possession of any of the cattle on or before October 14, 1898. (a) He never, personally, at any time bad possession. Claflin v. Rosenberg, 42 Mo. 449; Swiggett v. Dodson, 38 Kan. 707; Harris v. Pence, 93 Iowa 48, 61 N. W. 927. (b) Nor did Baumbaugb ever bave any constructive possession of tbe cattle. Doak v. Brubaker, 1 Nev. 218; Brunswick v. McClay, 7 Neb. 137; Hurlburd v. Bogardus, 10 Cal. 519; Flanagan v. Wood, 33 Yt. 332; Bank v. Gilbert, 174 111. 491; Sutton v. Ballon, 46 Iowa…
1Opinion of the CourtMarshall, J.
This is a bill in equity by the plaintiff as a stakeholder to require the defendants to interplead for the sum of $14,971.03, in its hands, resulting from the sale of 403 head of cattle, which were consigned to it by the defendants, to be sold by it to the best advantage, and the proceeds to be held by it pending an amicable settlement among the defendants of their respective claims. They were unable to agree and therefore the plaintiff filed this bill of interpleader to have the claimants litigate their rights.
The defendants interpleaded for the fund. Pending the determination of the case…
2Cases cited18 opinions
- Pennock v. CoeSupreme Court of the United States · 1860
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Dayton v. People's Savings BankSupreme Court of Kansas · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pearl v. Interstate Securities Co.Supreme Court of Missouri · 1947
- Peper v. American Exchange National BankSupreme Court of Missouri · 1948
- First National Bank v. McIntosh & Peters Live-stock & Commission Co.Supreme Court of Kansas · 1906
- Morris v. Third Nat. Bank of SpringfieldCourt of Appeals for the Eighth Circuit · 1905
- Rhea Mortgage Co. v. LemmermanTexas Commission of Appeals · 1928
7 more not listed; retrieve them via the Exa API.