Groschke v. Bardenheimer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Fraud is not necessarily to be proved by direct testimony. — Schultz v. Christman, 9 Mo. App. 588. The court had aright to the aid of a jury to determine the question of ownership. The defendant had joined in the issue, and did not ask that Foell be required to interplead ; the question of ownership of the note was jiroperly left to a jury; the statute is directory merely.—Daggett v. St. L. M. F. Ins.
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Appeal from the St. Louis Circuit Court, Thayer, J. Fraud is not necessarily to be proved by direct testimony. — Schultz v. Christman, 9 Mo. App. 588. The court had aright to the aid of a jury to determine the question of ownership. The defendant had joined in the issue, and did not ask that Foell be required to interplead ; the question of ownership of the note was jiroperly left to a jury; the statute is directory merely.—Daggett v. St. L. M. F. Ins. Co., 19 Mo. 201; Weil v. Tyler, 38 Mo. 558 ; .McKittrick v. Clemens, 52 Mo. 160. ' Defendant, had he seen fit, could have required Foell to…
1Opinion of the CourtBakewell, J.
Bardenheimer was summoned as garnishee on an execution issued on a judgment obtained by Groschke against *355one Johl. The garnishee denied any indebtedness to Johl, except that he said in his answer to interrogatories, that, on September 20, 1882, he owed Johl $800, for which indebtedness, he, on that day, executed and delivered to Johl the note of him, Bardenheimer, for that sum, which note was negotiable and payable at six months, with interest at five per cent per annum. The garnishee further said that he had been informed that this note was negotiated ; and that it is held by a person…
2Cases cited3 opinions
- McKittrick v. ClemensSupreme Court of Missouri · 1873
- Wilson v. MurphySupreme Court of Missouri · 1870
- Potter v. StevensSupreme Court of Missouri · 1867
3Cited by4 opinions
- Walkeen Lewis Millinery Co. v. JohnsonMissouri Court of Appeals · 1908
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Chapman v. YanceyMissouri Court of Appeals · 1913
- Wheeling Traction Co. v. Pennsylvania Co.District Court, S.D. Ohio · 1924