Legal Opinion

Packard v. Stevens

New Jersey Court of Chancery

Decided September 30, 1899PublishedCited by 5 opinions

On bill, answer and proofs. The bill in this case is filed to restrain the Hydraulic Dredging and Improvement Company, one of the defendants, from prosecuting a suit at law against the complainant and to compel both the defendants to interplead and settle their respective-rights to compensation for work done by filling in the United States government lands on League Island, in the Delaware river.

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On bill, answer and proofs. The bill in this case is filed to restrain the Hydraulic Dredging and Improvement Company, one of the defendants, from prosecuting a suit at law against the complainant and to compel both the defendants to interplead and settle their respective-rights to compensation for work done by filling in the United States government lands on League Island, in the Delaware river. League Island lies near the Pennsylvania side of the Delaware,. at the mouth of the Schuylkill river. In a state of nature it was elevated but little above the level of high water. Its greatest…

1Opinion of the Court

Grey, V. C.

The first question to be determined is whether the complainant is entitled to a decree requiring the defendants to interplead touching the question in dispute.

Lord Redesdale has declared that the right to exhibit an interpleader bill exists when two or more persons claim' the-same thing by different or separate interests, and another person, not knowing to which of the claimants he ought of right to-render a debt or duty, or to deliver property in his custody, fears he may be hurt by some of them. Mitf. Eq. Pl. *59. The spirit of the equity of the complainant is that being, so far as…

2Cases cited1 opinion

  1. Attorney General ex rel. Bissell v. BurrellMichigan Supreme Court · 1875

3Cited by5 opinions

  1. Enterprise Lumber Co. v. First Nat. BankSupreme Court of Alabama · 1913
  2. Ireland v. KellyNew Jersey Court of Chancery · 1900
  3. Equitable Life Assurance Society v. KelseyNew Jersey Court of Chancery · 1938
  4. Fidelity Casualty Co. v. TrusewiczNew Jersey Court of Chancery · 1941
  5. Stevens Thompson Paper Co. v. BradyNew Jersey Court of Chancery · 1930

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