New Jersey Title Guarantee & Trust Co. v. Rector
New Jersey Court of Chancery
On bill of interpleader and demurrer. Tbe bill filed by complainant corporation alleges that it is engaged in tbe business of warehousing goods and chattels for hire and seeks a decree to compel two adverse claimants to certain chattels heretofore deposited with complainant for storage to interplead and settle their respective rights to the chattels so deposited. Defendant Joseph M. Rector has demurred to the bill for want of facts to support equitable jurisdiction.
1Opinion of the Court
Leaming, Y. C.
In the case of First National Bank of Morristown v. Bininger, 26 N. J. Eq. (11 C. E. Gr.) 345, it was determined that this court cannot, at the instance of a bailee, compel strangers to interplead with each other where the parties claim the property in the hands of tlie bailee in absolute adverse rights not founded in any privity of title or any common contract. As the present bill of interpleader discloses that the two defendants assert adverse rights, which are in no way connected by title or contract, the decision above referred to must be here regarded as conclusive against…
2Cited by1 opinion
- Maxwell v. WinansNew Jersey Court of Chancery · 1924