J. G. Hutchinson & Co. v. Morris Bros.
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) The court instructed1 the jury that 'although it was understood between Morris Bros, “and the interpleader that the mortgage should be withheld from record for fear of injuring the credit of Morris Bros.; that said mortgage was so withheld from record; that J. G. Hutchinson & Co. sold goods to Morris Bros, in the belief that their property was unencumbered; that J. G. Hutchison & Co. would not have extended…
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Appeal from the Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) The court instructed1 the jury that 'although it was understood between Morris Bros, “and the interpleader that the mortgage should be withheld from record for fear of injuring the credit of Morris Bros.; that said mortgage was so withheld from record; that J. G. Hutchinson & Co. sold goods to Morris Bros, in the belief that their property was unencumbered; that J. G. Hutchison & Co. would not have extended credit to Morris Bros, if they had known of the mortgage; that the interpleader failed to record or take posses? sion…
1Opinion of the CourtEllison, J.
Plaintiffs are wholesale merchants and sold to defendants, a firm of retail merchants, a bill of groceries. Afterwards, the plaintiffs brought an action on the account and sued out an attachment in aid. Interpleader filed his interplea, making claim of title to the property. A trial of the interplea resulted in his favor.
It appears that the defendants were a partnership composed of Charles and Marion Morris. That the latter was arrested and confined in jail in Kansas on a criminal charge and that interpleader deposited with the proper authority in Kansas $500 as bail for his appearance to…
2Cases cited7 opinions
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Williams v. KirkMissouri Court of Appeals · 1897
- Keet & Rountree Dry Goods Co. v. BrownMissouri Court of Appeals · 1898
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1894
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Badolato v. MolinariNew York Supreme Court · 1919
- J. G. Hutchinson & Co. v. Morris Bros.Missouri Court of Appeals · 1908