81 Mo. App. 133 | Mo. Ct. App. | 1899
The administrator answered admitting that the insurance money had been received and was held by him as alleged in plaintiff’s petition, and was subject to the orders of the court.
The other defendant by her answer put in issue the allegations of plaintiff’s petition and claimed that she was the owner of the policy at the time of the death of the assured and that the amount collected thereon by the administrator was collected for her use and benefit and she therefore prayed that the said administrator be required to pay over said amount to her.
There was a trial resulting in a decree for defendant Menia Am in conformity to the prayer of her answer. The plaintiff appeals.
In Boyer v. Hamilton, 21 Mo. App. 521, it was said that the debtor alone and not the creditor can' maintain a bill of interpleader. It was further said in the same connection that the fund in controversy was not in the possession of the court and the court could never have made any order in regard to its distribution even if the pleadings and evidence had warranted
But the plaintiff contends that the principles announced by these authorities have no application since the adoption of section 1994; Revised Statutes 1889. But a reference to that section as it stood in the Revisions of 1865 and 1879 will show that the same has not been changed by the amendment further than to make the rule as to joining parties apply in suits in equity as well as in actions at law. It is not believed that by this amendment of the statute it was intended to require a departure from the well .established principles of pleading announced in the cases to which we have adverted. If the plaintiff had brought his action at law against the administrator to recover the fund, the latter might have answered in the nature of a bill of interpleader and prayed that he be permitted to pay the fund into court and for an order requiring the adverse claimants to assert their rights thereto. By