Kelly-Goodfellow Shoe Co. v. Vail Bros.
Missouri Court of Appeals
Appeal from tlie Macon Circuit Court.—lion. Nat M. Shelton, Judge. (1) Fraud is a question for the jury. Frankenthal v. Goldstein, 4-4 Mo. App. 189; Potter v. McDowell, 31 Mo. 62; Ross v. Crutsinger, 7 Mo. 245; Middleton & Riley v. Iioff, 15 Mo. 415 ; Owens v. Rector, 44 Mo. 389; Irwin v. Wells, 1 Mo. 9; Mathews v. Loth, 45 Mo. App. 459; Crawford v. Greenleaf, 48 Mo.
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Appeal from tlie Macon Circuit Court.—lion. Nat M. Shelton, Judge. (1) Fraud is a question for the jury. Frankenthal v. Goldstein, 4-4 Mo. App. 189; Potter v. McDowell, 31 Mo. 62; Ross v. Crutsinger, 7 Mo. 245; Middleton & Riley v. Iioff, 15 Mo. 415 ; Owens v. Rector, 44 Mo. 389; Irwin v. Wells, 1 Mo. 9; Mathews v. Loth, 45 Mo. App. 459; Crawford v. Greenleaf, 48 Mo. App. 597; State to use v. Mason, 112 Mo. 374. (2) The question of good intent or of fraud of the interpleader, is a question for the jury and the court should not have withdrawn this case from the jury. Erankenthal v. Goldstein,…
1Opinion of the CourtEllison, J.
Plaintiffs were creditors of defendants and as such brought suit against defendants and had two stocks of goods attached in aid. Afterwards, interpleader *98filed his interplea claiming the goods were Ms and not the property of the defendents. On a trial of tMs interplea at the close of the evidence for interpleader a demurrer to the evidence offered in his behalf was interposed by plaintiff and the court aunouncing that he would sustain it, interpleader took a nonsuit with leave to set it 'aside; failing in wMeh he has appealed.
The evidence for interpleader showed that he purchased the. goods…
2Cases cited9 opinions
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- McClure v. CampbellSupreme Court of Missouri · 1899
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- State ex rel. Salomon v. MasonSupreme Court of Missouri · 1892
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3Cited by5 opinions
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Carter v. O'NeillMissouri Court of Appeals · 1903
- Barrie v. United Railways Co.Missouri Court of Appeals · 1907
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936
- Craven v. Midland Milling Co.Missouri Court of Appeals · 1922