Neilsen v. Saylors

DRAPER, J. pro tem. *

Plaintiff’s complaint was on the common counts, seeking from all defendants a balance allegedly due for merchandise sold. Defendants Carien and Nelson cross-complained in interpleader, alleging that they had pur chased lumber from defendants Saylor and Growers Lumber Company and owed therefor an amount in excess of the prayer of the complaint. Named as cross-defendants were the assignee for benefit of creditors of defendant Growers Lumber Company (who was not a party to the action as originally filed), plaintiff and all defendants except cross-complainants. It was alleged…