Whiteside v. Longacre
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) It is a well-settled principle of law that the plaintiff, in garnishment proceedings, simply steps into defendant’s shoes, and acquires his rights, no more, no less. He stands upon defendant’s rights, and is in no better condition than the latter would be if he were prosecuting the suit. Any defense that would be good against the latter is available against the plaintiff.
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Appeal from Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) It is a well-settled principle of law that the plaintiff, in garnishment proceedings, simply steps into defendant’s shoes, and acquires his rights, no more, no less. He stands upon defendant’s rights, and is in no better condition than the latter would be if he were prosecuting the suit. Any defense that would be good against the latter is available against the plaintiff. Eood on Garnishment, sec. 46; Johnson v. Geneva Pub. Co., 122 Mo. 102; Simon Gregory & Co. v. Norton, 66 Mo. App. 1Y8; Commission Co. v. Estep, 63 Mo. App.…
1Opinion of the Court
GOODE, J
Tall was garnished in an attachment action begun by the plaintiff before a justice against Longacre to collect a note for $56.50. The latter had borrowed twenty-five dollars from said garnishee and as collateral security had deposited with him notes on Lyons for one hundred and seventy-five dollars. The day the garnishment was served,Lyons paid Tall one hundred dollars, which by agreement between Lyons and Longacre, fully discharged the collateral notes. The garnishment was intended to reach the surplus after Tail’s note for twenty-five dollars was satisfied. Longacre had been…
2Cases cited11 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- Smith v. SterrittSupreme Court of Missouri · 1857
- Sanguinett v. WebsterSupreme Court of Missouri · 1900
- Johnson County v. BrysonMissouri Court of Appeals · 1887
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3Cited by3 opinions
- Taylor v. DollinsMissouri Court of Appeals · 1920
- Honey Creek Drainage District v. SampsonMissouri Court of Appeals · 1928
- Whiteside v. LongacreMissouri Court of Appeals · 1904