Stephenson v. Parker Stationery Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitceapt, Judge. (1) The first seven grounds of the motion of the Third National Bank are representations on which the Third National Bank might sue Stephenson and the Parkers, if the representations are false, but they certainly constitute no right in the Third National Bank to have Stephenson’s attachment postponed to any claim that the Third National Bank might have had against the Parker Stationery Company, and the…
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitceapt, Judge. (1) The first seven grounds of the motion of the Third National Bank are representations on which the Third National Bank might sue Stephenson and the Parkers, if the representations are false, but they certainly constitute no right in the Third National Bank to have Stephenson’s attachment postponed to any claim that the Third National Bank might have had against the Parker Stationery Company, and the trial court erred in admitting testimoy in support of those grounds of the motion. Section 570, Revised Statutes 1889,…
1Opinion of the CourtRobinson, J.
At this suit of the plaintiff Lloyd B. Stephenson a writ of attachment was issued against the Parker Stationery Company, a corporation, and all of its goods, effects and accounts and evidences of debt, *16etc., were levied upon by the sheriff. Plaintiff’s claim was for $9,619.26, evidenced by fifteen notes and a small account of $50 for money loaned. Subsequently the Third National Bank of St. Louis filed its action in the same court against the same defendant, on an indebtedness aggregating $8,174.79, and caused a levy to be made upon the same property levied upon by the plaintiff Stephenson.…
2Cited by2 opinions
- Arpe v. BrownMissouri Court of Appeals · 1932
- Pitman v. WestMissouri Court of Appeals · 1917