Funkhouser v. How
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Plaintiffs state in their petition substantially that on the 16th day of April, 1850, one Thomas Crew caused the life of Jacob Lesher to be insured for his own benefit by the Phoenix Life Insurance company in the sum of $500 ; that Lesher died March 1st, 1851; that on the 3d of July, 1851, Thos.
Read the full summary
Error to St. Louis Court of Common Pleas. Plaintiffs state in their petition substantially that on the 16th day of April, 1850, one Thomas Crew caused the life of Jacob Lesher to be insured for his own benefit by the Phoenix Life Insurance company in the sum of $500 ; that Lesher died March 1st, 1851; that on the 3d of July, 1851, Thos. Crew assigned said policy to Micajah B. Crew; that said Micajah, on the 2d day of August, 1851, assigned the same to plaintiffs ; that “ about the 1st of May, 1852, the defendant, under color of some judicial proceedings, commenced after the assignments…
1Opinion of the Court
liEONARffl, Judge,
delivered the opinion-of the court.
In Gates v. Kirby, (13 Mo. 175,) the maker of a promissory note., being sued for the money by one -to whom it had been assigned, pleaded that he had been previously garnisheed as the debtor of the -original payee, and, condemned to pay tbs •debt to the attaching creditor, although he had relied in Ms answer upon the fact of the assignment as a defence to the attachment. This defence was overruled in the original -court, ■and the -assignee recovered his debt against the maker. The judgment was affirmed here upon appeal, this court saying, **…
2Cases cited2 opinions
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
- Quarles & Thompson v. PorterSupreme Court of Missouri · 1848
3Cited by9 opinions
- State v. . BurbageSupreme Court of North Carolina · 1916
- Dobbins v. HydeSupreme Court of Missouri · 1865
- Kreher v. MasonMissouri Court of Appeals · 1889
- Wilson v. MurphySupreme Court of Missouri · 1870
- Mullaney v. EvansOregon Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.