Merchants' National Bank v. Richards
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. “ There is no affidavit, not even a statement in the answer that defendant was not in collusion with the party asked to interplead. This is absolutely necessary.” —Simon on Interpl. 4, 5; 2 Story’s Eq. Jur., sect. 809 ; Story’s Eq. PL, sect. 291; Gibsonv. Goldthwaite, 7 Ala. 281; Shaw v. Coster, 2 Edw.
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Appeal from St. Louis Circuit Court. “ There is no affidavit, not even a statement in the answer that defendant was not in collusion with the party asked to interplead. This is absolutely necessary.” —Simon on Interpl. 4, 5; 2 Story’s Eq. Jur., sect. 809 ; Story’s Eq. PL, sect. 291; Gibsonv. Goldthwaite, 7 Ala. 281; Shaw v. Coster, 2 Edw. Ch. 405 ; 8 Paige, 339 ; Tobin v. Wilson, 3 J. J. Marsh. 63. If the defendant is in a position where he may foe liable to both plaintiff and the interpleader, there is no room for an interplea. —Farr v. Ward, 2 Mee. & W. 844 ; Hathaway v. Foy, 40 Mo. 543 ;…
1Opinion of the CourtBakewell, J.
On January 10, 1877, plaintiff commenced the present action to recover a dividend on three hundred and ten shares of the capital stock of defendant, which plaintiff claimed to own. Defendant answered that on December 26, 1875, three hundred and ten shares of its stock stood on its books as owned by one Bay, for which defendant had issued two *456certificates of stock, covering together the above number of shares, which stock is transferable on the books of the company ; that at the date last named, plaintiff, late in the day, represented itself to defendant as the owner of this stock, and…
2Cases cited11 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bank v. LanierSupreme Court of the United States · 1871
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Mayes v. StephensOregon Supreme Court · 1901
- Davis v. RossiSupreme Court of Missouri · 1930
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Gaty v. HollidayMissouri Court of Appeals · 1879
14 more not listed; retrieve them via the Exa API.