First National Bank v. Kansas City Lime Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James GfiRSON, Judge. (1) Instruction, numbered 5, asked ' by inter-pleader, correctly declares tke law, and should have been given as asked. The question on' the interplea is not the good faith of the Lime Company, the vendor, •but the good faith of Hall, the vendee. It predicates everything on the ‘£ good faith ’ ’ of the interpleader and fairly submits to the jury the question of good faith on the part of the interpleader.
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Appeal from the Jackson Circuit Court. — Hon. James GfiRSON, Judge. (1) Instruction, numbered 5, asked ' by inter-pleader, correctly declares tke law, and should have been given as asked. The question on' the interplea is not the good faith of the Lime Company, the vendor, •but the good faith of Hall, the vendee. It predicates everything on the ‘£ good faith ’ ’ of the interpleader and fairly submits to the jury the question of good faith on the part of the interpleader. The court refused to give said instruction, numbered 5, as asked, but modified it, and of its own motion gave it as…
1Opinion of the CourtEllison, J.
Plaintiff instituted an attachment suit against defendant, and had levied upon personal property, which was claimed to be owned by P. C. Hall, who filed his interplea for the property.. He was defeated below and appeals here.
It appears from testimony of interpleader that the Lime Company owed him $1,500, and that he had indorsed notes of the company to the amount of several thousand dollars, some of which he after-wards paid ; that, in order to save his debt, and to secure himself as indorser, he bought the property, a portion of which was attached and is in dispute, and paid therefor with…
2Cases cited4 opinions
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- McIntosh v. SmileyMissouri Court of Appeals · 1888
- Molaska Manufacturing Co. v. Steele & WalkerCourt of Appeals of Kansas · 1889
- State ex rel. Nelson Distilling Co. v. Green Tree Brewery Co.Missouri Court of Appeals · 1888
3Cited by11 opinions
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Gate City National Bank v. BoyerMissouri Court of Appeals · 1912
- M. H. Pattison & Son v. LettonMissouri Court of Appeals · 1894
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Ely & Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1899
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