Legal Opinion

Nicholson v. Walker

Missouri Court of Appeals

Decided April 11, 1887PublishedCited by 2 opinions

Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. “ Money placed by A. (Brenneisen) in the hands of B. (Walker), to be paid to C. (Whitlow), does not become C.’s (Whitlow’s) property, until he is advised of the deposit and consents to it. If, before he does consent, B. (Walker) is compelled, by garnishment proceedings, to pay it to A.’s (Brenneisen’s) creditors, C. (Whit-low) cannot afterward claim it.”

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Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. “ Money placed by A. (Brenneisen) in the hands of B. (Walker), to be paid to C. (Whitlow), does not become C.’s (Whitlow’s) property, until he is advised of the deposit and consents to it. If, before he does consent, B. (Walker) is compelled, by garnishment proceedings, to pay it to A.’s (Brenneisen’s) creditors, C. (Whit-low) cannot afterward claim it.” Ridge v. Olmstead et at., 73 Mo. 578; Briggs v. Block, 18 Mo. 281; Bproule v. McNulty, 7 Mo. 62. “ Where a note is assigned by a debtor in…

1Opinion of the CourtPhilips, P. J.

Nicholson sued Brenneisen and Goff • by attachment. Walker was summoned as garnishee. In his answer he stated, substantially, that he was a practicing attorney at law, and, as such, received from the firm of Simon, Gregory & Company, of St. Louis, for collection, a claim amounting to $828.20, against said Brenneisen ; that Brenneisen delivered to him certain notes owing and due to him, with the agreement that Simon, Gregory & Company should cancel their claim against him, and pay the sum of two hundred dollars to one Whitlow, who held a note against Brenneisen, that sum being in excess of the…

2Cases cited2 opinions

  1. Atwood v. HaleMissouri Court of Appeals · 1885
  2. Ridge v. OlmsteadSupreme Court of Missouri · 1881

3Cited by2 opinions

  1. Whiteside v. LongacreMissouri Court of Appeals · 1901
  2. Keithley v. PitmanMissouri Court of Appeals · 1890

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