McLaughlin v. First Nat'l Bank of Kansas City

Decision Date31 May 1875
Citation60 Mo. 437
PartiesLILBURN H. MCLAUGHLIN, Respondent, v. FIRST NATIONAL BANK OF KANSAS CITY, MISSOURI, Appellant.
CourtMissouri Supreme Court

Appeal from Ray Common Pleas.

John K. Cravens, for Appellant.

Esteb & Shotwell, for Respondent.

SHERWOOD, Judge, delivered the opinion of the court.

It is unnecessary to do much more than make a statement of this case.

The plaintiff brought his action against one Brown, to dissolve a co-partnership, then existing between them under the name of Brown & McLaughlin, and to settle the partnership accounts, etc. Pending this litigation in the Common Pleas Court, the plaintiff applied in vacation to the judge of that court by petition entitled as of the cause then pending, and referring thereto, praying, for certain grounds therein set forth, that Brown be enjoined and restrained “from drawing any money or deposit by him made in the name of J. G. Brown, or Brown & McLaughlin, with or in any bank, or other persons, and also enjoining and restraining any bank, or the officers thereof, or other persons, from paying any money or deposit to said Jno. G. Brown, and especially the First National Bank of Kansas City, Missouri, until the final termination of said cause, etc.” Without any notice to the First National Bank, and without its being made a party to the proceeding, an injunction, as prayed, was granted, directed to Jno. G. Brown alone, enjoining him from removing any deposit or money made by him in his individual or in the firm name, belonging to said firm, and also “enjoining and restraining any bank or the officers thereof, or other persons, from paying any of said money or deposits to said Jno. G Brown; and especially the First National Bank of Kansas City,” etc., etc. It was also ordered that a copy of the restraining order be served on the present defendant, which was done accordingly, in February, 1872.

In June, 1873, another copy of the restraining order accompanied by a summons, but without any petition, was issued from the court. The summons was directed to the sheriff of Jackson county, commanding him to “summon the First National Bank of Kansas City, Missouri, to be and appear, etc., to answer the petition of Lilburn H. McLaughlin for injunction heretofore served on you, in the case of said McLaughlin vs. Jno. G. Brown, et al.; and to show to the court the amount of money or property belonging to the said John G. Brown, heretofore restrained, in your possession,” etc., etc. These papers were duly...

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4 cases
  • Westmeyer v. Gallenkamp
    • United States
    • United States State Supreme Court of Missouri
    • February 5, 1900
    ...... GALLENKAMP Supreme Court of Missouri, First DivisionFebruary 5, 1900 .           ...278; Ray Co. v. Barr, 57 Mo. 291; McLaughlin v. Burk, 60 Mo. 437; Adams v. Cowles, 95 Mo. ... Meuse's addition to the city of Washington in Franklin. county, Missouri. The ......
  • State ex rel. Goldsoll v. Chatham Nat'l Bank
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1883
    ...... and tax receipts were properly admitted in evidence, first, to contradict the testimony of the relatrix on material ......
  • Roberts v. Best
    • United States
    • United States State Supreme Court of Missouri
    • February 18, 1903
    ...... BEST et al Supreme Court of Missouri, First Division February 18, 1903 . . ...278; Ray Co. v. Barr, 57 Mo. 291; McLaughlin v. Bank, 60 Mo. 437; Adams v. Cowles, 95 Mo. ......
  • State ex rel. Ray v. Arcadia Timber Company
    • United States
    • United States State Supreme Court of Missouri
    • June 13, 1918
    ......278; Ray Co. v. Barr, 57 Mo. 291; McLaughlin v. Bank, 60 Mo. 437; Adams v. Cowles, 95 Mo. ...City of. St. Louis v. Glasgow, 254 Mo. 262; Railroad ......

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