123 Mo. App. 188 | Mo. Ct. App. | 1907
On March 8, 1897, in the circuit court of the city of St. Louis, plaintiff recovered a decree of divorce against her husband, Alois Schnellmann, and an allowance of six hundred dollars alimony in gross. On August 24, 1905, an execution was issued on the judgment for alimony, and the defendant, the Southern Commercial Sawings Bank, was summoned as garnishee. The bank, by its answer, confessed that it had on deposit the sum of one hundred and eighty dollars and ninety cents to the joint credit of Alois and Mary Schnellmann, subject to be drawn upon by checks signed by either of them, and that it did not know whether the money was or was not the separate money of Alois Schnellmann, and asked leave to pay the fund into court and
The issues were submitted to the court sitting as a jury. The evidence tends to show that Alois Schnellmann had no property, real or personal, when he married M'ary, but that she had six hundred dollars in cash and, a short time after the marriage, loaned Alois two hundred dollars with which to buy a saloon, situated on Tennessee avenue, in the city of St. Louis. Alois bought the saloon and run it for some time, but the business was unprofitable and the saloon was sold for two hundred dollars and the money paid to Mary to reimburse her for the loan she.had made her husband. After the sale of this saloon, Mary and her husband looked up a location, with the view of starting another saloon, and selected No. 9401 South Broadway and rented the premises from the Lemp Brewing Company, who paid for a license issued to and in the name of Alois Schnellmann. Mary let her husband have two hundred dollars to buy fixtures, furniture, etc., for the saloon and the first stock of liquors, and subsequently let him have seventy-five dollars to pay saloon bills. Asked by the court what arrangement she had with her husband about paying back this money, she said: “I had no arrangement at all. I only says, ‘If you make any money, you must let me have it, and I put it back and save it that I get my money back;’ and he said ‘All right, Mamma, I give you all the money and you take care of it and you pay out, and whatever is left on the side you take out for yourself again.’ ” That at the close of each day’s business, the bartender handed her all the money taken in during the day and she put it away, and on the following morning gave him the necessary drawer change, and if there
The cashier of the bank testified that interpleader and her husband came to the bank together when the account was opened, and both requested that the account should be kept in their joint names; that the first deposit and all subsequent deposits were handed in by the inter-pleader and all checks drawn against the account were, including signatures, in the handwriting of the inter-pleader.
There was no countervailing evidence nor was the evidence of the interpleader in the least shaken by the long and searching cross-examination she was subjected to by plaintiff’s counsel.
The court gave two declarations of law at the request of the interpleader, to the giving of which plaintiff objecied and excepted at the time, and assigned the giving of said instructions as error.