Supreme Council of the Legion of Honor v. Palmer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -How. Jesse A. McDonald, Judge. The bill was not filed in good faith, and filed without any attempt on part of plaintiff to ascertain the true facts. (1) The relief which equity affords is against the vexation of two proceedings in a matter which may be settled in a single suit. Eaton on Equity, sec. 324, p. 640; 1 Mitf., Eq.
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Appeal from St. Louis City Circuit Court. — -How. Jesse A. McDonald, Judge. The bill was not filed in good faith, and filed without any attempt on part of plaintiff to ascertain the true facts. (1) The relief which equity affords is against the vexation of two proceedings in a matter which may be settled in a single suit. Eaton on Equity, sec. 324, p. 640; 1 Mitf., Eq. Plead., 58-59; Adams Equity, p. 202; Crawford v. Fisher, 1 Hare 436; School Dist. v. Weston, 31 Mich. 35; Angelí v. Hadden, 15 Ves. 244; Pfister v. Wade, 56 Cal. 43. (2) It is sufficient if conflicting , claims have been made…
1Opinion of the CourtGrOODE, J.
(after stating the facts.) — The sufficiency of the bill of interpleader is attacked in this court on the ground that it fails to show color of title to the fund in controversy in any one but Matilda Palmer; that it conclusively appears from the bill she was entitled to the fund and that the other claimants Alfred Henry, Frederick and Herbert Palmer had no interest in it because they were not dependent heirs of the insured member, while Matilda Palmer was a dependent heir. The bill does not say Matilda Palmer was a dependent heir, but only shows the fund was claimed for her as the only…
2Cases cited1 opinion
- Heusner v. Mutual Life InsuranceMissouri Court of Appeals · 1891
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