J. S. Merrill Drug Co. v. Knighton
Missouri Court of Appeals
Appeal from the Greene Circuit Court'. — Before Hoe W. Gr. Robertson, Special Judge. The burden of proof is on the interpleader to show-good title in himself, and the defendant may show any facts under a general denial which go to disprove intei’-pleader’s title. Bank v. Lime Co., 43 Mo.
Read the full summary
Appeal from the Greene Circuit Court'. — Before Hoe W. Gr. Robertson, Special Judge. The burden of proof is on the interpleader to show-good title in himself, and the defendant may show any facts under a general denial which go to disprove intei’-pleader’s title. Bank v. Lime Co., 43 Mo. App. 561; Bosse v. Thomas, 3 Id. 472; Commission Co. v. Mason, 16 Id. 473; Pugh v. Williamson, 61 Id. 165. At the trial of an interplea in attachment, the interpleader is the plaintiff within the purview of the statute (Cunningham v. Prusansky, 59 Mo. App. 498), and the issue is the same as in replevin.…
1Opinion of the Court
Blaííd, P. J.
The Merrill Drug Company, a corporation, brought suit by attachment against J. A. Knighton and levied on a stock of drugs and medicines as the property of Knighton. W. W. Lusk filed an interplea claiming ownership of the goods levied upon by the purchase from Knighton. To this interplea the plaintiff filed a general denial, and in addition set up affirmatively that the sale made by Knighton to Lusk was fraudulent as to the plaintiff as a creditor of Knighton. A trial was had by a jury. The inter-pleader to sustain the issues on his part offered evidence tending to prove that on…
2Cases cited2 opinions
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Deering & Co. v. Collins & SonMissouri Court of Appeals · 1889
3Cited by1 opinion
- State ex rel. Fields v. CrytsMissouri Court of Appeals · 1901