Rosenthal v. Green
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge, The transfer or assignment of judgment made to Dyer and Prank was a voluntary assignment within the meaning of the statute. Manny v. Logan, 27 Mo. 528; Mills v. Williams, 31 Mo. App. 447; Britton v. Lorenz, 45 N. Y. 51; Bonus v. Carter, 20 Neb. 566; Wallace v. Wainwright, 87 Pa. St. 263; Dickson v. Dawson, 5 Ohio St. 218; Nat.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge, The transfer or assignment of judgment made to Dyer and Prank was a voluntary assignment within the meaning of the statute. Manny v. Logan, 27 Mo. 528; Mills v. Williams, 31 Mo. App. 447; Britton v. Lorenz, 45 N. Y. 51; Bonus v. Carter, 20 Neb. 566; Wallace v. Wainwright, 87 Pa. St. 263; Dickson v. Dawson, 5 Ohio St. 218; Nat. Bank v. Trust Co., 11 Phila. 510. Being so, it was void as against the plaintiffs and Kramer & Loth, who were attaching creditors, because it was neither recorded nor acknowledged as required…
1Opinion of the CourtBigds, J.
This is a litigation between the appellants in two attachment cases, and the interpleaders Nathan Prank and D. P. Dyer.
The parties áre contesting their respective claims to a fund of twelve hundred and fifty dollars, paid into court by Lewis E. Green, who was summoned as garnishee in attachment proceedings against one Isidore Schnitzer. The plaintiffs in the attachment suits and the interpleaders were ordered by the court to interplead for the fund, and on the issues, thus formed, there was a *275trial before the court without a jury, resulting in a judgment in favor of Dyer and Frank. From that…
2Cases cited11 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Draper v. BrysonSupreme Court of Missouri · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- J. H. Conrades Chair Co. v. WolfMissouri Court of Appeals · 1890
- Dodwell v. ReevesMississippi Supreme Court · 1917