State ex rel. Hinde v. United States Fidelity & Guaranty Co.
Missouri Court of Appeals
Error to Holt Circuit Court.' — Hon. William, O. Ellison, Judge. The court erred in finding by its judgment that the defendants were indebted to the plaintiff on account of the breach of the conditions of the attachment bond and that the plaintiff was indebted to the defendants on account of a judgment previously obtained and in not offsetting the one against the other and in allowing plaintiff as his exemptions $300 out of the amount found ,to be due him from the…
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Error to Holt Circuit Court.' — Hon. William, O. Ellison, Judge. The court erred in finding by its judgment that the defendants were indebted to the plaintiff on account of the breach of the conditions of the attachment bond and that the plaintiff was indebted to the defendants on account of a judgment previously obtained and in not offsetting the one against the other and in allowing plaintiff as his exemptions $300 out of the amount found ,to be due him from the defendants. Caldwell v. Ryan (M'o.), 108 S. W. 535; Garrett v. Wagoner, 125 Mo. 450; R. S. 1899, secs. 4487, 4493, 4494. (1) We do…
1Opinion of the CourtJohnson, J.
Action on an attachment bond to recover damages sustained by plaintiff in consequence of the wrongful levy of a writ of attachment on his property. The cause is before us on writ of error sued out by the defendant, the surety on the bond.
In 1904, plaintiff, W. B. Hinde, a retail clothing merchant in Holt county, purchased a bill of clothing amounting to $833.30, of Fleisher Brothers, an eastern wholesale concern. Afterward, he discontinued the clothing business and in partnership with B. B. Simmons, began the operation of a drugstore. He did not' pay the Fleisher Brothers’ account and in…
2Cases cited5 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Garrett v. WagnerSupreme Court of Missouri · 1894
- State Ex Rel. Billingsley v. SpencerSupreme Court of Missouri · 1877
- Orr v. Chicago & Alton RailroadMissouri Court of Appeals · 1886
- Fleisher Bros. v. HindeMissouri Court of Appeals · 1906
3Cited by13 opinions
- Benton v. Alcazar Hotel Co.Supreme Court of Missouri · 1946
- Reed v. ReedMissouri Court of Appeals · 1999
- Rourke Dunn v. BozarthSupreme Court of Oklahoma · 1924
- Dixon v. KoplarCourt of Appeals for the Eighth Circuit · 1939
- Hillside Enterprises, Inc. v. Carlisle Corp.District Court, E.D. Missouri · 1996
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