Barrett v. Cady
Supreme Court of New Hampshire
Two Bills in Equity. The first is a suit to enforce a resulting trust; the second, a bill of interpleader. Both suits were heard at the April term, 1915, of the superior court by Sawyer, J., who made a decree in favor of the plaintiff in the first bill, and to this decree the defendant Cady filed a bill of exceptions.
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Two Bills in Equity. The first is a suit to enforce a resulting trust; the second, a bill of interpleader. Both suits were heard at the April term, 1915, of the superior court by Sawyer, J., who made a decree in favor of the plaintiff in the first bill, and to this decree the defendant Cady filed a bill of exceptions. The plaintiff Barrett (hereinafter referred to as the plaintiff), is the administrator of John C. Evans appointed March 28, 1914. John died June 17, 1906, intestate, leaving a widow, Janette, and a child by a previous marriage, Zoe M. Evans, surviving. The defendant Cady…
1Opinion of the CourtParsons, C. J.
I. The bill of interpleader brought by Cady should be dismissed. The issue presented by the plaintiff in a bill of interpleader is the existence of facts which give him the right to require the parties made defendants'to interplead and settle the controversy between themselves. “When the complainant’s right to interpleader is established either by admissions in the answer or by proofs, he is dismissed with the costs of his litigation, which are to be paid out of the fund, and the conflicting claims of the defendants are then disposed of in the manner best adapted to the circumstances of the…
2Cases cited4 opinions
- Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
- Badeau v. Rogers & SecordNew York Court of Chancery · 1830
- Adams v. DixonSupreme Court of Georgia · 1856
- Blue v. WatsonMississippi Supreme Court · 1882
3Cited by25 opinions
- Pink v. DempseyAppellate Court of Illinois · 1953
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Gerry v. NeugebauerSupreme Court of New Hampshire · 1927
- American Fruit Growers, Inc. v. CalvertWashington Supreme Court · 1936
- Hould v. Maryland Casualty Co.Supreme Court of New Hampshire · 1929
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