Clary v. Tyson
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hb». W. K. James, Judge. (1) The arrangement between the interpleader hank and Tyson, by which the hogs were bought for the bank by Tyson in his own name was, valid; there is no controversy between Tyson and the bank as to the ownership of the property; it is not claimed .that the attaching creditor is in any manner injured by the transaction, his being an antecedent debt.
Read the full summary
Appeal from Buchanan Circuit Court. — Hb». W. K. James, Judge. (1) The arrangement between the interpleader hank and Tyson, by which the hogs were bought for the bank by Tyson in his own name was, valid; there is no controversy between Tyson and the bank as to the ownership of the property; it is not claimed .that the attaching creditor is in any manner injured by the transaction, his being an antecedent debt. Anderson v. Biddle, 10 Mo. 23. If the arrangement had been for a lien iipon the property in favor of the bank, the lien would have attached to the property in Tyson’s hands, and could…
1Opinion of the CourtEllison, J.
— Defendant was indebted to plaintiff in about $300 and the latter brought suit by attachment against-him. The sheriff seized a carload of hogs (then just arrived in St. Joseph) as the property of defendant. The appellant herein filed its interplea claiming the property. The hogs were sold by order of court and the proceeds, amounting to more than plaintiff’s claim against defendant, will be held by the sheriff awaiting the result of . the interplea. The trial court gave a peremptory instruction against interpleader at the conclusion of its evidence, without hearing from plaintiff.…
2Cases cited4 opinions
- Davenport National Bank v. HomeyerSupreme Court of Missouri · 1869
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Midland National Bank v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1895
- Hathaway v. HaynesMassachusetts Supreme Judicial Court · 1878