Richardson v. Jones

• Decision Date: 31 March 1852
• Citation: 16 Mo. 177
• Parties: RICHARDSON, Respondent, v. JONES, Appellant.
• Court: Missouri Supreme Court

16 Mo. 177

RICHARDSON, Respondent,

v.JONES, Appellant.

Supreme Court of Missouri.

March Term, 1852.

1. A., the maker of a note payable to B., was summoned as garnishee in an attachment suit against B., before a justice of the peace. C. filed an interplea, claiming the debt evidenced by the note, by endorsement from B., before the date of the garnishment. Judgment went against him on the interplea, from which he took no appeal. Afterwards he withdraws the note and brings suit on it against the maker. Held, the judgment on the interplea is a bar to the action.

Appeal from St. Louis Law Commissioner's Court.

C. C. Carroll, for appellant.

H. N. Dedman, for respondent.

RYLAND, Judge, delivered the opinion of the court.

The record of this suit presents the following facts:

On the 2d day of May, 1850, Jonathan Jones executed his note, payable one day after date, to J. W. Richardson, for $245.75. On the 19th of June, 1851, Abijah W. Corey sued J. W. Richardson by attachment, before Justice Kretschmar. Jonathan Jones was summoned as garnishee on the 19th of June, 1851, to answer as to his indebtedness to J. W. Richardson. The note of Jones to Richardson was assigned to his sister, R. Jane Richardson, the plaintiff in this suit, about the first of July, 1850.

In the progress of the suit of Corey against J. W. Richardson, R. Jane Richardson appeared before the justice, by her next friend, Wm. S. McKnight, and filed her interplea, claiming the debt from Jones, the garnishee, and exhibited the note assigned to her. The garnishee answered that he had executed his note to J. W. Richardson for the sum of $245.75; that various payments had been made, reducing the amount due on it to about $90; that he had understood that Richardson had assigned the note to his sister shortly after it became due; that he did not know that there was any consideration for the assignment; he had understood that Richardson had assigned it to his sister, to enable her to pay her board and other expenses.

On the trial of this interplea, the justice heard both parties, the claimant and the plaintiff, and rendered judgment for the plaintiff against the claimant, by which the garnishee was adjudged to pay money on the note to the plaintiff Corey.

Neither party appealed from the judgment. It remained in full force, and the garnishee, under it, paid the money, or, at least, is bound to pay it.

The claimant in the interplea then withdrew the note, and commenced the action against Jones. He answered,...