Boudreau v. Brown, 21610.
| Decision Date | 02 June 1931 |
| Docket Number | No. 21610.,21610. |
| Citation | 39 S.W.2d 455 |
| Parties | BOUDREAU v. BROWN et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Pike County; Edgar B. Woolfolk, Judge.
"Not to be officially published."
Action by Joseph G. Boudreau against Riley Brown, wherein plaintiff caused an attachment to be levied, and William T. Smith and another interpleaded. From a judgment for the interpleader named, plaintiff appeals.
Affirmed.
May & May, of Louisiana, Mo., for appellant.
F. D. Wilkins, of Louisiana, Mo., and Hostetter & Haley, of Bowling Green, for respondent.
This is an action begun by Joseph G. Boudreau, as plaintiff, against Riley Brown, defendant. The proceeding was by attachment, wherein certain lumber and ties were attached and taken possession of by the sheriff for plaintiff, Boudreau. Respondent, Wm. T. Smith, interpleaded, claiming to be the owner of the lumber and ties. Issues were joined on the interplea. A trial was had in the circuit court of Pike county, and the issues found in favor of the interpleader, and plaintiff, Boudreau, has appealed.
Boudreau sold to Brown a sawmill outfit, and at the time of such sale they entered into a contract whereby Boudreau, as agent of the owner of the timber, agreed to sell to Brown certain timber, and that from any and all sales from said timber Brown was to pay 15 per cent. of the net amount due and payable at the time of the sale. By the written contract Boudreau did not retain title to the sawed lumber, but Brown was to pay fifteen per cent. of the net proceeds to Boudreau.
Smith, the interpleader, ran a general store in a little village, a short distance from where the sawmill was located. Brown and Smith had an agreement whereby Smith was to furnish supplies and provisions for Brown and his men while they were sawing this timber, and Smith was to take charge of the lumber and material sawed by Brown, sell or ship it in his name, and collect the money derived from the sales, and out of it pay himself whatever Brown owed him, and pay Boudreau his 15 per cent., and turn the balance over to Brown.
According to Smith's testimony, Boudreau was advised of this arrangement between Brown and Smith, and not only acquiesced in it, but consented to it, and did collect his 15 per cent. at different times from Smith as Smith would ship the lumber and receive the proceeds of the sale. The business was carried on this way for some time until Brown became indebted to Smith in the amount of six or seven hundred dollars. Smith then insisted that Brown should give him a chattel mortgage on certain lumber and ties, which Brown did. This mortgage was executed on April 1, 1929, to secure a debt for $500, evidenced by a note for that amount, and due sixty days after date. The mortgage was recorded on April 2, 1929.
Brown had shortly prior thereto given a chattel mortgage on...
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State ex rel. and to Use of Smith v. Boudreau
...found by the jury, together with costs." The plaintiff Boudreau took an appeal, resulting in an affirmance of the judgment. [See Brown v. Boudreau, 39 S.W.2d 455.] on August 10, 1931, said William T. Smith filed his action against the principal and the sureties on the attachment bond given ......