Greenberger v. North Side Storage Warehouse Co.

An order of interpleader, in a case like the present, is expressly provided for by section 820 of the Code of Civil Procedure. There is no merit in the contention that the respondent storage company should be retained as a defendant in order that plaintiff may assert a claim against it for damages for the detention of the chattels, because, although plaintiff demands damages, there is no allegation of any damages in his complaint. (See Code Civ. Proc. § 1722.) We think, however, that the chattels should not be delivered to either claimant without proper security that the chattels or their…