United Railways Co. v. O'Connor
Missouri Court of Appeals
Appeal from St! Louis City Circuit Court. — Son. Moses N. Bale, Judge. (1) The plaintiff’s bill of interpleader should be sustained upon purely equitable grounds, in order to relieve the plaintiff of the necessity of contesting two separate and distinct law suits, the issue in both of which Avould be the same.
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Appeal from St! Louis City Circuit Court. — Son. Moses N. Bale, Judge. (1) The plaintiff’s bill of interpleader should be sustained upon purely equitable grounds, in order to relieve the plaintiff of the necessity of contesting two separate and distinct law suits, the issue in both of which Avould be the same. (1) The conditions necessary to justify a resort to a bill of interpleader are, The same debt fund or thing must be claimed by hostile parties under adverse titles derived from a common source; the interpleader must be a mere stakeholder with no interest in the subject-matter; he must…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The essential purpose of a bill of interpleader is to protect an indifferent holder of a fund or bailee of an article from the annoyance and expense of separate actions to recover what he is willing to pay. Under the equitable principles which obtain, such a bill will lie when the same debt, fund or thing is claimed by hostile parties throug’h adverse titles derived from a common source. *136But the interpleader must he a mere stakeholder with no interest in the subject-matter and it must appear he' has incurred no liability to either of the claimants personally. In…
2Cases cited12 opinions
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Bassett v. . LeslieNew York Court of Appeals · 1890
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barr v. SnyderSupreme Court of Missouri · 1949
- General American Life Insurance Co. v. WiestMissouri Court of Appeals · 1978
- Barthels v. GarrelsMissouri Court of Appeals · 1920
- Meredith v. MeredithMissouri Court of Appeals · 1941
- Missouri Building & Loan Ass'n v. National Liberty InsuranceMissouri Court of Appeals · 1936
3 more not listed; retrieve them via the Exa API.