Tennent-Stribling Shoe Co. v. Rudy
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. Joseph Cravens, Judge. (1) The interpleader did not take sueh. open, notorious and unequivocal possession of the property in controversy as is required by the statute; and the alleged sale to him was void as against the plaintiff. Revised Statutes, 1889, sec. 5178; Laflin v. Rosenburg, 42 Mo. 439; Wright v. McCormick, 67 Mo. 426; Stewart v. Bergstron, 79 Mo. 524; Stern v. Henley, 68 Mo. 262; State to use v. Helman, 20 Mo.
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Appeal from the Newton Circuit Court. — Hon. Joseph Cravens, Judge. (1) The interpleader did not take sueh. open, notorious and unequivocal possession of the property in controversy as is required by the statute; and the alleged sale to him was void as against the plaintiff. Revised Statutes, 1889, sec. 5178; Laflin v. Rosenburg, 42 Mo. 439; Wright v. McCormick, 67 Mo. 426; Stewart v. Bergstron, 79 Mo. 524; Stern v. Henley, 68 Mo. 262; State to use v. Helman, 20 Mo. App. 304. And this is a question of law for the court, when all the facts are admitted as in this case. Knoop v. Distilling Co.,…
1Opinion of the CourtBiggs, J.
— On the eleventh day of May, 1891, the defendant Rudy sold to the interpleader a stock of goods which amounted at the invoice price to $2,232.69. In *199payment the interpleader surrendered to Rudy notes held against him amounting to $700, and assumed to pay other indebtedness of Rudy, equal in amount to the remainder of the purchase money. The plaintiff, being an unsecured creditor of Rudy, attached the goods as his ■ property. Heaton filed an interplea, claiming the property under his purchase. The plaintiff resisted the claim, upon the grounds that the sale was concocted between Rudy and…
2Cases cited4 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Rogers v. GosnellSupreme Court of Missouri · 1875
- McVeagh v. BaxterSupreme Court of Missouri · 1884
- Meyberg v. JacobsMissouri Court of Appeals · 1890
3Cited by6 opinions
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- Sammons v. O'NeillMissouri Court of Appeals · 1895
- B. Hellman & Co. v. BickMissouri Court of Appeals · 1893
- State ex rel. Smith v. FlynnMissouri Court of Appeals · 1894
- Kurtz v. Lewis Voight & Sons Co.Missouri Court of Appeals · 1901
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