Kemp v. San Antonio Catering Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Neither the petition nor amended petition stated a cause of action such as gave jurisdiction to the court, either to appoint a receiver or to take charge of the fund paid in by the defendant catering company.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Neither the petition nor amended petition stated a cause of action such as gave jurisdiction to the court, either to appoint a receiver or to take charge of the fund paid in by the defendant catering company. Miller Bros. v. Perkins, 154 Mo. 638, 55 S. W. 874; State ex rel. v. Ross, 122 Mo. 435, 25 S. W. 947; Rees v. Andrews, 169 Mo. 192, 69 S. W. 4; Beach on Receivers, sec. 106; Smith on Receivers, sec. 4. (2) The court could obtain jurisdiction of the fund in this case only under the bill of interpleader…
1Opinion of the CourtGoode, J.
(after stating the facts). — -Plaintiff was the lessor of the San Antonio Catering Company and was, of course, entitled to be paid the rent said company agreed to pay for the premises leased; that is to say, fifty per cent of the receipts. It follows that *145the fund which the Catering Company paid into court as rent under its contract with plaintiff, should be awarded to the latter unless some one else has shown a superior right to it. The only party contesting plaintiff’s right is the Parkview Realty & Improvement Company, which claims the fund in discharge of the ground rent due it from…
2Cases cited8 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Otis v. . ConwayNew York Court of Appeals · 1889
- Davidson v. DockerySupreme Court of Missouri · 1904
- Bell v. BakerSupreme Court of Minnesota · 1890
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3Cited by6 opinions
- In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
- Childs Real Estate Co. v. Shelburne Realty Co.California Supreme Court · 1943
- Reisenwebers, Inc. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1934
- S. S. Kresge Co. v. Twelve Seventy-Five Woodward Avenue Corp.Michigan Supreme Court · 1935
- F.W. Woolworth Co. v. RiceNew Jersey Court of Chancery · 1933
1 more not listed; retrieve them via the Exa API.