Wing v. Spaulding
Supreme Court of Vermont
This was a bill of interpleader and was heard upon the pleadings and a master’s report at the March term, 1891, Washington county, Munson, Chancellor, decreed, proforma, that the orator be discharged upon payment of the fund into court, and that the fund belonged to Mrs. Robinson.* The defendants Spaulding appeal.
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This was a bill of interpleader and was heard upon the pleadings and a master’s report at the March term, 1891, Washington county, Munson, Chancellor, decreed, proforma, that the orator be discharged upon payment of the fund into court, and that the fund belonged to Mrs. Robinson.* The defendants Spaulding appeal. The orator was the administrator of Mary A. Spaulding, and as such had collected $472, which was the fund in question, upon a non-negotiable instrument payable to his intestate. This fund was claimed by the defendant, Mrs. Robinson, for the reason that Mrs. Spaulding had given the…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
This is a bill of interpleader, brought to compel the defendants to interplead in respect of money collected by the orator on behalf of the defendant Mrs. Robinson on a non-negotiable obligation given to her. mother, the intestate, by her brothers, Christopher C. Spaulding and Nathan R. Spaulding, who are defendants, and who claim that the money belongs to their mother’s estate and not to Mrs. Robinson, who claims it by gift from her mother in her lifetime.
The bill does not allege that the orator has no interest in the money, nor was there…
2Cases cited1 opinion
- Yates v. TisdaleNew York Court of Chancery · 1837
3Cited by9 opinions
- North Pacific Lumber Co. v. LangOregon Supreme Court · 1895
- McFadden v. SwinertonOregon Supreme Court · 1900
- Lowry v. Downing Manufacturing Co.Supreme Court of Florida · 1917
- Smith v. MosierU.S. Circuit Court for the District of Northern New York · 1909
- State v. RogersSupreme Court of Vermont · 1963
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