Silex Savings Bank v. Ellis
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — How, James' D. Barnett, Judge. (1) The contract was perfectly good under the Statute of Frauds. Bollinger v. McDowell, 99' Mo. 632; Means v. Lavergne, 50 Mo. 343; Sutherland v. Holmes, 78 Mo. 3991; Long v. Wagoner, 47 Mo. 177; Norfleet v. Russell, 64 Mo. 176; Howe v. Williams, 51 Mo. 252; Johnson v. Fecht, 185 Mo. 343; Hammond v. Johnson, 93 Mo. 198; Naylor v. Chinn, 82 Mo.
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Appeal from Lincoln Circuit Court. — How, James' D. Barnett, Judge. (1) The contract was perfectly good under the Statute of Frauds. Bollinger v. McDowell, 99' Mo. 632; Means v. Lavergne, 50 Mo. 343; Sutherland v. Holmes, 78 Mo. 3991; Long v. Wagoner, 47 Mo. 177; Norfleet v. Russell, 64 Mo. 176; Howe v. Williams, 51 Mo. 252; Johnson v. Fecht, 185 Mo. 343; Hammond v. Johnson, 93 Mo. 198; Naylor v. Chinn, 82 Mo. App, 160. (2) The fact that the case is one of equitable cognizance does not convert the contract into a mere matter of good intentions as assumed by the court. If McCravey made no…
1Opinion of the CourtCaulfield, J.
The Silex Savings Bank instituted this suit by filing a bill of interpleader against *398the defendants and on leave paid into court $275 which was the amount in its hands as stakeholder, $300, less twenty-five dollars allowed it for counsel fees. An order was made requiring appellant Ellis and respondent McCravey to interplead, which they did. A trial being had, the court, having heard the evidence, made and entered its decree, adjudging and decreeing that respondent was entitled to the fund in dispute and ordering that the clerk pay it over to him, less one-half of the cost accrued on the…
2Cases cited3 opinions
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Mann v. WarnerMissouri Court of Appeals · 1886
- American Zinc, Lead & Smelting Co. v. Markle Lead WorksMissouri Court of Appeals · 1903
3Cited by2 opinions
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Alice Blake, Inc. v. HoffmanMissouri Court of Appeals · 1981