Nelson v. Cross & Brown Co.

This case presents a problem in interpleader pursuant to the Civil Practice Act (§ 285), and appears to he one of first impression in this court. The plaintiff appeals from two orders: one discharges the defendant and interpleading plaintiff, Cross & Brown Company, from liability under the first cause of action, and awards counsel fees and disbursements to *142it; the other grants a severance of the first cause of action to the interpleaded defendant, Devine, and as a result only the plaintiff and Devine remain as the contestants in a separate trial. Although the complaint alleges three causes of…