Gee v. Leaver
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Arch. B. Davis, Judge. (1) The defendant was the agent of plaintiff for the purpose of delivering the deed and collecting the • purchase money. After she received the purchase money as such agent, she cannot maintain a bill of interpleader against her principal and compel him to interplead with others for his money. 2 Ency.
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Appeal from Livingston Circuit Court. — Hon. Arch. B. Davis, Judge. (1) The defendant was the agent of plaintiff for the purpose of delivering the deed and collecting the • purchase money. After she received the purchase money as such agent, she cannot maintain a bill of interpleader against her principal and compel him to interplead with others for his money. 2 Ency. PI. & Pr. 450; 23 Cyc. 12; Mechem on Agency, sec. 527; 2 Story’s Equity Jurisprudence, sec. 817; Yosburgh v. Huntington, 15 Abbott’s Prac. 254; Marvin v. Ell-wood, 11 Paige (N. Y. Ch.), 376; Pearson v. Cardón, 2 Russell &…
1Opinion of the CourtEllison, P. J.
This action was brought to recover four thousand four hundred dollars and sixty-seven cents from defendant as money, in her hands arising' from the sale of lands alleged to. belong to plaintiff. Defendant’s answer was an admission of funds in her hands, but set up that other parties were claiming it. • That she had no individual interest in the matter, but was subject to be harrassed by the other claimants and to become liable to them. She prayed that she be allowed to pay the money in her hands into court and that plaintiff and the other claimants be required to interplead therefor, and that…
2Cases cited2 opinions
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Swain v. BartlettMissouri Court of Appeals · 1900
3Cited by3 opinions
- Lafayette-South Side Bank & Trust Co. v. SiefertMissouri Court of Appeals · 1929
- City of Brunswick v. Peoples Savings BankMissouri Court of Appeals · 1916
- Bathgate v. Exchange BankMissouri Court of Appeals · 1918