Corning & Co. v. Rinehart Medicine Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in refusing instruction, numbered 1, asked by the interpleader. The plaintiff had no lien on the goods for the purchase price. Straus v. Leather-Pad Co., 14 S. W. Rep. (Mo.) 940; Parker v. Rhodes, 79 Mo. 88 ; Norris ». Brunswick, 73 Mo. 256 ; Haworth v. Franklin, 74 Mo. 106; Range Co. v. Alexe, 28 Mo. App. 184; Woolf oik v. Kemper, 31 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in refusing instruction, numbered 1, asked by the interpleader. The plaintiff had no lien on the goods for the purchase price. Straus v. Leather-Pad Co., 14 S. W. Rep. (Mo.) 940; Parker v. Rhodes, 79 Mo. 88 ; Norris ». Brunswick, 73 Mo. 256 ; Haworth v. Franklin, 74 Mo. 106; Range Co. v. Alexe, 28 Mo. App. 184; Woolf oik v. Kemper, 31 Mo. App. 421. (2) The court should have given instruction, numbered 2, asked by interpleader. A mortgagee in a mortgage to secure an antecedent debt is a purchaser for…
1Opinion of the CourtEllison, J.
This action is based on an account for the purchase price of the property in dispute herein, and was begun by attachment. Defendants were merchants in the city of St. Joseph. Plaintiffs, sold and shipped to them from Cincinnati a lot of merchandise. Before the arrival of the goods at St. Joseph, defendants mortgaged them, with others in stock, to the German-American Bank who is interpleader herein to secure a pre-existing debt. The result below was for plaintiff, and was based on the following finding of facts by the trial judge: “The court in this case finds the facts to be that the…
2Cases cited5 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- Norris ex rel. Schwartz v. BrunswickSupreme Court of Missouri · 1880
- Boyd v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- State ex rel. Comfort v. MasonSupreme Court of Missouri · 1888
- Bolckow Milling Co. v. Turner, Frazer & Co.Missouri Court of Appeals · 1886
3Cited by6 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Finke v. PikeMissouri Court of Appeals · 1892
- Kane v. ManleyMissouri Court of Appeals · 1895
- Kemper, Hundley & McDonald Dry Goods Co. v. Kidder Savings BankMissouri Court of Appeals · 1899
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