Atkinson v. Carter
Missouri Court of Appeals
Appeal from Audrain Circuit Court . — Hon. E. M. Hughes, Judge. STATEMENT. The suit is on the following promissory note: “$800. Mexico, Mo., December 24,1900. “On December 25, 1901, I promise to pay to William P. Atkinson, eight hundred dollars, for value received, with interest thereon at the rate, of eight per cent per annum from maturity, and if the interest is not paid annually to become as principal and hear the same rate of interest.
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Appeal from Audrain Circuit Court . — Hon. E. M. Hughes, Judge. STATEMENT. The suit is on the following promissory note: “$800. Mexico, Mo., December 24,1900. “On December 25, 1901, I promise to pay to William P. Atkinson, eight hundred dollars, for value received, with interest thereon at the rate, of eight per cent per annum from maturity, and if the interest is not paid annually to become as principal and hear the same rate of interest. This note is not negotiable and is given for the rent of 540 acres of land more or less, located in sections 2, 10 and 11, township 52, range 8 west,…
1Opinion of the CourtBland, P. J.
It is contended by plaintiff that the answer is insufficient as a bill of interpleader; that it does not state facts sufficient to support the order and judgment of the court that plaintiff, Gregory et al., interplead for the fund.
It is well settled in this State that an interpleader may be made by answer. Davison v. Hough, 165 Mo. 561; Roselle v. Farmers’ Bank of Norborne, 119 Mo. 84; Sullivan v. Knights of Father Mathew, 73 Mo. App. (St. L.) 43. The ground of the jurisdiction (to inter-tain a bill of interpleader) is that “the party seeking the remedy is exposed to the hazard, vexation and…
2Cases cited6 opinions
- Davison v. HoughSupreme Court of Missouri · 1901
- Roselle v. Farmers' BankSupreme Court of Missouri · 1893
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Martin v. McLeanSupreme Court of Missouri · 1872
- Kyle v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lanyon v. ChesneySupreme Court of Missouri · 1907
- State ex rel. Bernero v. McQuillinSupreme Court of Missouri · 1912
- Scott v. ReesSupreme Court of Missouri · 1923
- Hamlin v. WalkerSupreme Court of Missouri · 1910
- Allstate Insurance Co. v. WoepkeMissouri Court of Appeals · 1967
1 more not listed; retrieve them via the Exa API.