Graham Paper Co. v. Crowther
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son, Judge. The court therefore erred in refusing appellant’s instruction “A” because there is no evidence in the case — not a syllable — showing that the plaintiff was a creditor of the Times Printing & Publishing Company. There is a total ■failure of proof on that point. Wright v. Crockett, 7 Mo. 125; Clarke v. Laird, 60 Mo. App. 289; Boot & Shoe Co. v. Bain, 46 Mo.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son, Judge. The court therefore erred in refusing appellant’s instruction “A” because there is no evidence in the case — not a syllable — showing that the plaintiff was a creditor of the Times Printing & Publishing Company. There is a total ■failure of proof on that point. Wright v. Crockett, 7 Mo. 125; Clarke v. Laird, 60 Mo. App. 289; Boot & Shoe Co. v. Bain, 46 Mo. App. 581. (1) The statutory interplea in attachment cases is sui generis-, the rules applicable to ordinary replevin suits do not all apply. The interpleader obtains his…
1Opinion of the CourtSmtth, P. J.
In the action by attachment brought by the plaintiff against the St. Joseph Times Printing & Publishing Company, the said Morton B. Crowther filed an inter-plea whereby she alleged that under the writ issued in said action of attachment the sheriff had levied upon and attached certain specified personal property, which was the property *275-of the interpleader, which she was then in possession of under a certain mortgage executed to her by the attachment defendant to secure a certain promissory note for two thousand dollars, etc. The answer denied that the interpleader was the owner of the…
2Cases cited7 opinions
- Smith v. BarclaySupreme Court of Minnesota · 1893
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Teichman Commission Co. v. American BankMissouri Court of Appeals · 1887
- Boller v. CohenMissouri Court of Appeals · 1890
- Markley, Alling & Co. v. KeeneySupreme Court of Iowa · 1893
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3Cited by2 opinions
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
- Johnson v. MasonMissouri Court of Appeals · 1914