Empire Engineering Corp. v. . Mack
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was designated in the complaint as an action in the nature of interpleader.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was designated in the complaint as an action in the nature of interpleader. Plaintiff alleges that its liability to all defendants is not in excess of $874.18 and that two of the defendants have brought actions claiming more than $1,500 in excess thereof and that other defendants threaten suit. Defendants, appellants, in their answer deny that they…
1Opinion of the CourtPound, J.
The fundamental question is whether plaintiff may, in this action, on the facts as stated above, have the amount of its indebtedness to the defendant McPadden determined and then be discharged from further liability to any of the other defendants herein,, based on any lien, order or assignment against such indebtedness, by paying the amount thereof into court. The trial court held that plaintiff was to this extent, and to this extent only, entitled to the relief asked for.
The. plaintiff sought also to have all claims of the . defendants Mack, Permoile and the Home Bread Com-. pany against it,…
2Cases cited6 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Ostrander v. . WeberNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Di Giovanni v. Camden Fire InsuranceSupreme Court of the United States · 1935
- Boyle v. KelleyNew York Court of Appeals · 1977
- Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
- Chase Nat. Bank of New York v. Directorate General of Postal Remittances & Savings BankDistrict Court, S.D. New York · 1951
- American Motorists Insurance v. OakleyNew York Supreme Court · 1939
10 more not listed; retrieve them via the Exa API.