Lee v. Turner
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The money must be awarded to Roemheld, because he is the holder of the principal note of nine thousand dollars. His title to the note has never been assailed in any action, and this is a condition precedent for the interference of a court of equity.
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Appeal from St. Louis Court of Appeals. (1) The money must be awarded to Roemheld, because he is the holder of the principal note of nine thousand dollars. His title to the note has never been assailed in any action, and this is a condition precedent for the interference of a court of equity. Before a court of equity will deprive a holder of a note of his right to receive the money collected at the instance of a third party, who claims to be its owner, he must first establish his ownership, in a direct action. Curtis v. Kent, 4 Mo. App. 121; Dodd x. Levy, 10 I). 121; Donnell x. Mitchell,…
1Opinion of the CourtBlack, J.
The petition in this case is in the nature •of a bill of interpleader. The defendants, Thomas T. Turner, R. M. Million and Wm. Roemheld, each made claim to the fund brought into court. ' Their respective ■claims arise out of the following transactions :
On the twenty-second of February, 1876, one Rohn made to the plaintiffs, A. and J. F. Lee, a deed of trust ■on certain property in the city of St. Louis to secure a note made by Rohn for nine thousand dollars due in three years, payable to Turner as trustee for Mrs. Briggs, and to secure six interest notes. There was a default in the payment of…
2Cases cited1 opinion
- International Bank v. German BankSupreme Court of Missouri · 1879
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- Payne v. First National BankMissouri Court of Appeals · 1891
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