Trigg v. Hitz
New York Supreme Court
Appeal from an order continuing an injunction. This action was brought by George P. Trigg against Edward Hitz, Sereno D. Nickerson, Thomas W. Nickerson, Charles H. Mansfield, and William Bossman.
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Appeal from an order continuing an injunction. This action was brought by George P. Trigg against Edward Hitz, Sereno D. Nickerson, Thomas W. Nickerson, Charles H. Mansfield, and William Bossman. The plaintiff had bought of one Bernard Bice 300 quintals of codfish for $1,285, and gave in part payment his check for $600. He subsequently ascertained that the defendants Nickerson claimed half the codfish, and defendant Mansfield the residue, alleging that Rice had obtained it from them by fraud, and he thereupon stopped payment of the check, which passed into the hands of Ross-man, and of the…
1Opinion of the Court
Leonard,
J.—The allegations of the complaint, and the facts mentioned in the affidavits upon which the injunction herein was allowed, present a case wherein an interpleader, by the settled rules and practice in equity, cannot be sustained.
The plaintiff, by his own showing, was a bona-fide purchaser of the merchandise, for which he has given his check in part payment, and remains liable, in account for the residue of the price, to the defendant Hitz as assignee of the vendor.
The plaintiff alleges that two firms residing in Boston, who are made defendants herein, were induced to sell the…
2Cases cited1 opinion
- Lund v. Seamen's Bank for SavingsNew York Supreme Court · 1862
3Cited by6 opinions
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Taylor v. SatterthwaiteNew York Court of Common Pleas · 1893
- Baltimore & Ohio Railroad v. ArthurNew York Supreme Court · 1881
- Johnston v. LewisNew York Court of Common Pleas · 1867
- Sulzbacher v. National Shoe & Leather BankThe Superior Court of New York City · 1884
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