Shaw v. Coster
New York Court of Chancery
This case came before the chancellor upon the appeal of the complainant from a decree of the vice chancellor of the first circuit, dismissing the bill as to all the defendants; and upon the cross-appeal of the defendants, Coster and Dey, from so much of the vice chancellor’s decision as refused them their costs against the complainant.
Read the full summary
This case came before the chancellor upon the appeal of the complainant from a decree of the vice chancellor of the first circuit, dismissing the bill as to all the defendants; and upon the cross-appeal of the defendants, Coster and Dey, from so much of the vice chancellor’s decision as refused them their costs against the complainant. The complainant, as the sheriff of New-York, in February, 1829, by virtue of an execution in favor of the defendants, T. L. & W. W. Chester, against Bailey and Haskell, levied upon the furniture and property in Washington Hall, as the property of Bailey, one of…
1Opinion of the Court
The Chancellor.
The vice chancellor was clearly right in supposing this was not a proper case for a bill of interpleader ; even if the complainant’s allegations had left it doubtful whether he was entitled to the property in question under the execution in favor of the Chesters, or whether it belonged to the defendant Dey in his character of receiver in the suit of Jump against Coster and Artiguenare. Judge Story, in his very valuable treatises on *345Equity Jurisprudence and on Equity Pleading, has so fully and so correctly stated the law on the subject of inter-pleader, that it is only necessary…
2Cited by36 opinions
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Rogers v. . WeirNew York Court of Appeals · 1866
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
- N.Y. Harlem R.R. Co. v. . HawsNew York Court of Appeals · 1874
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
31 more not listed; retrieve them via the Exa API.