Van Winkle v. Owen
New Jersey Court of Chancery
On demurrer. The case as made by the bill, and admitted by the demurrer, is as follows: Richard Owen recovered judgment against the complainant in the city court of New York city, on the 13th of June, 1891, for $1,735.28 damages, and $182.07 costs. Richard died intestate in 1892, and in January, 1893, letters of administration upon his estate were granted by the surrogate’s court of New York to the defendant John Owen.
Read the full summary
On demurrer. The case as made by the bill, and admitted by the demurrer, is as follows: Richard Owen recovered judgment against the complainant in the city court of New York city, on the 13th of June, 1891, for $1,735.28 damages, and $182.07 costs. Richard died intestate in 1892, and in January, 1893, letters of administration upon his estate were granted by the surrogate’s court of New York to the defendant John Owen. In 1895, John Owen, as administrator, commenced an action' founded on that judgment against complainant in the circuit court of the county of Hudson, and judgment by default…
1Opinion of the Court
Pitney, Y. C.
In answer to the objection taken by defendant that the bill is demurrable for want of the usual affidavit of non-collusion and disinterestedness required in a bill of interpleader, complainant answers that this is not a pure bill of interpleader, but is no more than a bill in the nature of a bill of interpleader, in that it contains other grounds for coming into a court of equity, and asks other relief than that of a pure interpleader; and, therefore, that such affidavit is neither proper nor necessary.
In this I think the complainant is right. The formal affidavit in question is…
2Cases cited4 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Andrews v. SmithNew York Supreme Court · 1832
- Purdy v. DoyleNew York Court of Chancery · 1829
- Mumford v. StockerNew York Supreme Court · 1823
3Cited by3 opinions
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
- Eclipse, Etc., Bendix Aviation Corp. v. MinterNew Jersey Superior Court Appellate Division · 1955
- Mandon v. RuggNew Jersey Court of Chancery · 1942