Charles Renfrow Commission Co. v. W. B. Northrup Co.
| Decision Date | 05 June 1920 |
| Docket Number | No. 2604.,2604. |
| Citation | 222 S.W. 487 |
| Parties | CHARLES RENFROW COMMISSION CO. v. W. B. NORTHRUP CO. et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Howell County; E. P. Dorris, Judge.
Action by the Charles Renfrow Commission Company against the W. B. Northrup Company, wherein the Midland National Bank interpleaded. From judgment for plaintiff, the interpleader appeals. Reversed and remanded, with directions to enter judgment for the interpleader.
M. E. Morrow, of West Plains, for appellant.
Green & Green, of West Plains, for respondent.
This action was commenced by attachment against defendant W. B. Northrup Company, a nonresident. Chas. Renfrow Commission Company was the trade-name adopted by Chas. Renfrow, the plaintiff. The Midland National Bank is interpleader, and the cause here is on the interplea. Plaintiff's petition against the defendant was in two counts, the first asking $195.60 in damages for defendant's alleged failure to properly pack a shipment of potatoes in 1917; the second count asked $106.30 on the same grounds on a shipment of potatoes in 1918. In February, 1919, plaintiff whose place of business is at West Plains, Mo., ordered a car of merchandise, kind not stated, from defendant of Minneapolis, Minn. The car was shipped to plaintiff, and a draft drawn on plaintiff by defendant, payable to the Market State Bank of Minneapolis, for the net sum of $608.91, was attached to the bill of lading, and deposited in the said Market State Bank to the credit of defendant. The Market State Bank indorsed and delivered said draft and bill of lading to the Midland National Bank, the interpleader, and this bank in turn gave the said Market State Bank credit for the amount of the draft. The interpleader, Midland National Bank, sent the draft with the bill of lading attached to the First National Bank of West Plains for collection. The draft was presented to plaintiff, and he paid it. Immediately after paying said draft and receiving it and the bill of lading, plaintiff attached $400 of the proceeds of said draft in the hands of the First National Bank of West Plains as the property of the defendant W. B. Northrup Company. The Midland National Bank of Minneapolis filed an interplea, claiming the absolute ownership of the draft and likewise of the proceeds. The cause was tried to a jury, and the verdict and judgment went against the interpleader, and it appealed.
Interpleader requested a directed verdict in its favor, and this request was refused. The correctness of this ruling is, we think, the only matter for determination. The cashier of the Market State Bank, the payee named in the draft, testified by deposition that his bank bought the draft from W. B. Northrup Co., and paid this company $608.91 by deposit to their account. That the draft was deposited on February 17, 1919, and that on same date his bank sold the draft to the Midland National Bank, the...
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