Potter v. Stevens
Supreme Court of Missouri
Appeal from St Louis Circuit Court. On the 7th of April, 1858, plaintiffs instituted a suit by attachment against John McDowell, in which the said Stevens was summoned as garnishee on the 10th day of April, 1858. In his answer, filed October 11,1858, Stevens admits that on the 81st day of March, 1858, he executed five promissory notes, each for $5,000, payable to the order of said McDowell one, two, three, four and five years after date, and two notes o£ same date, each for…
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Appeal from St Louis Circuit Court. On the 7th of April, 1858, plaintiffs instituted a suit by attachment against John McDowell, in which the said Stevens was summoned as garnishee on the 10th day of April, 1858. In his answer, filed October 11,1858, Stevens admits that on the 81st day of March, 1858, he executed five promissory notes, each for $5,000, payable to the order of said McDowell one, two, three, four and five years after date, and two notes o£ same date, each for $4,450, one payable two years and the other three years after date; that all of these notes were delivered to John…
1Opinion of the CourtFagg, Judge
The facts in this case bear a very intimate relation to those in the case of Potter v. Stevens, decided at the present term. Stevens was summoned as a garnishee in the attachment suit of Potter et al. v. McDowell, instituted on the 7th day of April, 1858. In his answer to the interrogatories propounded to him, and which were the usual ones in such cases, he denied any indebtedness to the defendant McDowell, as well as the possession of any property or effects belonging to him. It is to be noted that there were two answers filed by Ste*595vens, one in October, 1858, and an amended answer in…
2Cited by3 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Groschke v. BardenheimerMissouri Court of Appeals · 1884
- Simmons v. MacAdarasMissouri Court of Appeals · 1878