Crane v. McDonald
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court, affirming a judgment entered upon the decision of the court. The plaintiff held in his hands the sum of f808 then due from him upon a contract that he had entered into with one-Jennie L. Graves.
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Appeal from a judgment of the general term of the supreme court, affirming a judgment entered upon the decision of the court. The plaintiff held in his hands the sum of f808 then due from him upon a contract that he had entered into with one-Jennie L. Graves. At the same time the defendant, Martha McDonald, who is the mother of said Jennie L. Graves, claimed said sum as the assignee of the latter’s interest in said contract, and had brought an action against the plaintiff to recover the same. The defendant, George E. Goodrich, as administrator, etc., of Milo Goodrich, deceased, also claimed…
1Opinion of the CourtVann, J.
The material allegations in a bill of inter-pleader, according to an early decision by the court of errors, are • 1. That two or more persons have preferred a claim against the complainant. 2. That they claim the same thing. 3. That the complainant has no beneficial interest in the thing claimed, and 4, that he cannot determine, without hazard to himself, to which of the defendants the thing belongs. Atkinson v. Manks, 1 Cow. 691, 703. It was also held in that case that the complainant should annex to his bill an affidavit that there is no collusion between him and any of the parties, and…
2Cases cited37 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Ballou v. GileWisconsin Supreme Court · 1880
- United States v. StaatsSupreme Court of the United States · 1849
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