J. G. Hutchinson & Co. v. Morris Bros.
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Now.. Paris C. Stepp, Judge. (1) The trial court erred in refusing to sustain plaintiff’s demurrer to the interpleader’s evidence. This case cannot be distinguished, on the present record, .according to interpleader’s own evidence, from the cases of Lowrence v. Barker, 82 Mo. App. 125; Dry Goods Co. v. Brown, 73 Mo. App. 245, 99 Mo. App. 444; Shoe Co. v. Arnold, 82 Mo. App. 7; Harrison v. Min. Co., 95 Mo. App. 80; Mfg. Co. v. Troll, 77 Mo.
Read the full summary
Appeal from Grundy Circuit Court. — Now.. Paris C. Stepp, Judge. (1) The trial court erred in refusing to sustain plaintiff’s demurrer to the interpleader’s evidence. This case cannot be distinguished, on the present record, .according to interpleader’s own evidence, from the cases of Lowrence v. Barker, 82 Mo. App. 125; Dry Goods Co. v. Brown, 73 Mo. App. 245, 99 Mo. App. 444; Shoe Co. v. Arnold, 82 Mo. App. 7; Harrison v. Min. Co., 95 Mo. App. 80; Mfg. Co. v. Troll, 77 Mo. App. 344; Mackler y. Cramer, 40 Mo. App. 382; Case v. Espenschied, 69 S. W. .277; State v. O’Neill, 151 Mo. 89. (2) The…
1Opinion of the CourtEllison, J.
This case was here on former appeal and is reported in 86 Mo. App. 40, where a statement of the case can be found. It is perhaps necessary to state shortly that the plaintiffs, as wholesale merchants, sold to Morris Bros., a partnership composed *260of Marion and Charles Morris, a hill of goods, for which afterwards they brought an action for the purchase price and sued out an attachment which tvas levied upon their partnership property. After the sale of the goods by plaintiffs, Marion Morris became indebted to the interpleader Brassfield in the sum of $500 in the manner shown by said statement.…
2Cases cited5 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Howard v. BrownSupreme Court of Missouri · 1906
- Three States Lumber Co. v. RogersSupreme Court of Missouri · 1898
- J. G. Hutchinson & Co. v. Morris Bros.Missouri Court of Appeals · 1900
- Smith v. DowlingMissouri Court of Appeals · 1900