Pustet v. Flannelly
The Superior Court of New York City
Motion for interpleader. The plaintiffs, who are bankers, sue the defendants upon a promissory note for $1,000, made the 11th of June, 1879, by the defendant Flannelly to the order of the defendant Flattery, payable fifteen months after date.
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Motion for interpleader. The plaintiffs, who are bankers, sue the defendants upon a promissory note for $1,000, made the 11th of June, 1879, by the defendant Flannelly to the order of the defendant Flattery, payable fifteen months after date. This action wag begun October 11, 1880. The defendant Flannelly acknowledges his obligation to pay the note, but says that one Samuel Marsh was appointed the receiver of the property of the defendant Flattery, in proceedings supplemental to execution, on or about the 21st day of June, 1880, and that the receiver has made a demand that the amount of the…
1Opinion of the CourtBussell, J.
The section of the Code (820) under which "this motion is made reads as follows:
“ The defendant against whom an action to recover upon a contract, or an action of ejectment, or ah action to recover a chattel is pending, may at any time before answer, upon proof by affidavit that a person not a party to the action makes a-demand against him for the same debt or property without collusion with him, apply to the court, upon notice to that person and the adverse party, for an order to substitute that person in his place and to discharge him from liability to either on his paying into court the…
2Cases cited4 opinions
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Shaw v. CosterNew York Court of Chancery · 1840
- Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
- Dorn v. . FoxNew York Court of Appeals · 1874
3Cited by8 opinions
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- Windecker v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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