Caldwell v. Bower
Supreme Court of Missouri
•fippeal from Hannibal Court of Common Pleas. 1. The interplea of Kunkle was properly stricken out. He had no right to intrude himself into this litigation. If he claimed the debt sued for, his remedy was to have instituted his suit with proper parties, in the nature of an injunction, and thus made a direct issue with the plaintiff. Third parties are allowed to interplead only in attachment suits. 2. The aitswerwas properly stricken out.
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•fippeal from Hannibal Court of Common Pleas. 1. The interplea of Kunkle was properly stricken out. He had no right to intrude himself into this litigation. If he claimed the debt sued for, his remedy was to have instituted his suit with proper parties, in the nature of an injunction, and thus made a direct issue with the plaintiff. Third parties are allowed to interplead only in attachment suits. 2. The aitswerwas properly stricken out. There is no allegation that the notes were executed in favor of the plaintiff with any fraudulent design towards her husband’s creditors. Tbe presumption is,…
1Opinion of the CourtRxland, Judge
The action of the court below, in striking out the interplea of Kunkle, and striking out the greater part of the defendant’s answer, leaving nothing in said answer constituting a de-fence to the action of the plaintiff, are the main grounds relied on for the reversal of the judgment.
The action was brought on three several promissory notes, for five hundred dollars each. These notes were given to the plaintiff by the defendants, and were made payable to her. The defendants admit the execution of these notes, but they endeavor to avoid the payment by alleging, that they purchased a house and…
2Cited by7 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Hershy v. LathamSupreme Court of Arkansas · 1885
- Madigan v. WalshWisconsin Supreme Court · 1868
- McBreen v. McBreenSupreme Court of Missouri · 1900
- Smith v. SeiberlingU.S. Circuit Court for the District of Western Missouri · 1888
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