Whiteside v. Longacre

The facts of this cause will be found in the report of the decision given on a former appeal. 88 Mo. App. 168. By that decision the first judgment in favor of Whiteside, the garnishing creditor, was reversed and the cause remanded for retrial because of the refusal of an instruction setting forth the proposition that the plaintiff could not recover if the defendant Longacre, the garnishee Tall and Mrs. Lewellyn, had agreed before Tall was served as garnishee, that the latter should pay a note on Longacre held by Mrs. Lewellyn out of the money collected on the collateral notes deposited by…