Rindskoff, Stern, Lauer & Co. v. Rogers
Missouri Court of Appeals
Appeal from, the Newton Circuit Courts — How. M. Gr. McGteegor, Judge. In an attachment suit, where the goods are levied on as the property of the defendant, by plaintiff, when a third party interpleads and claims the goods by purchase, made in good faith, and claims to have paid for the goods with money, or notes, or both, and claims exclusive possession at the time of attachment, and the plaintiff answers the interplea, denying the allegations of the interplea (as in this…
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Appeal from, the Newton Circuit Courts — How. M. Gr. McGteegor, Judge. In an attachment suit, where the goods are levied on as the property of the defendant, by plaintiff, when a third party interpleads and claims the goods by purchase, made in good faith, and claims to have paid for the goods with money, or notes, or both, and claims exclusive possession at the time of attachment, and the plaintiff answers the interplea, denying the allegations of the interplea (as in this case), the issue is made up for trial, and is as to whether the interpleader is entitled to the goods. Under the…
1Opinion of the CourtThompson, J.
The plaintiffs, being creditors of the defendant Rogers, levied an attachment upon a stock of goods at Southwest City, in this state, as his property. The respondent Roseberry thereupon interpleaded under the statute (R. S., sec. 449), claiming that he had bought the stock of goods of Rogers for the sum of $4,785.73, its invoice cost, paying to Rogers $1,785.73 in money and giving to him two promissory notes of one thousand dollars each, and also giving to the brother of Rogers two non-negotiable notes for five hundred dollars each. The plaintiffs filed an answer to the interplea setting up…
2Cases cited3 opinions
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Mills v. ThomsonSupreme Court of Missouri · 1875
- Swartz v. ChappellSupreme Court of Missouri · 1854
3Cited by5 opinions
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
- S. Albert Grocer Co. v. GoetzMissouri Court of Appeals · 1894
- Beck v. WiselyMissouri Court of Appeals · 1895
- Williams v. BradenMissouri Court of Appeals · 1894