Kimball v. Donald
Supreme Court of Missouri
Jlppeal from St. Louis Court of Common Pleas. This was a petition in the nature of a bill of interpleader, filed by Kimball, to compel the defendants to litigate among themselves their respective claims to a fund in his hands, as the factor of Stone & Walworth, of New Orleans. The defendants Donald and others claimed as attaching creditors of Stone & Walworth, the plaintiff having been summoned as garnishee in suits brought by them.
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Jlppeal from St. Louis Court of Common Pleas. This was a petition in the nature of a bill of interpleader, filed by Kimball, to compel the defendants to litigate among themselves their respective claims to a fund in his hands, as the factor of Stone & Walworth, of New Orleans. The defendants Donald and others claimed as attaching creditors of Stone & Walworth, the plaintiff having been summoned as garnishee in suits brought by them. The defendants Benoist & Co. claimed under a bill of exchange drawn in their favor by Stone & Walworth upon Kimball, prior to the attachments, which, as they…
1Opinion of the CourtLeonard, Judge
This is a bill of exchange, and not a mere order to pay over a particular fund; and the direction at the foot of the bill, to charge to the particular account there indicated, does not change the character of the instrument, (Story on Bills, §66;) and we think that, after being refused acceptance, it cannot take effect as an equitable assignment of the fund, even connected as it is with an express promise on the part of the drawee to pay whatever balance may be found in his hands.
It is true that any thing amounting to a present transfer of a specific fund for value is a valid assignment in…
2Cases cited2 opinions
- Wilson & Co. v. LizardiSupreme Court of Louisiana · 1840
- Townsend v. BabcockNew York Supreme Court · 1836
3Cited by19 opinions
- Clements v. YeatesSupreme Court of Missouri · 1879
- Harrison v. WrightIndiana Supreme Court · 1885
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
- Baer v. English & Co.Supreme Court of Georgia · 1890
- Luthy v. WoodsMissouri Court of Appeals · 1878
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