Pouch v. Prudential Insurance Co. of America
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1911, which affirmed an order of Special Term granting a motion for an order of interpleader. The following question was certified: “ Has the court, on this record, power to grant an interpleader ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1911, which affirmed an order of Special Term granting a motion for an order of interpleader. The following question was certified: “ Has the court, on this record, power to grant an interpleader ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The record fails to disclose any ground for an order of interpleader. (Wells v. Nat. City Bank, 40 App. Div. 500; Stevenson v. N. Y. L. Ins. Co., 10 App. Div. 233; Roberts v.…
1DissentHaight, J.
This action was brought to recover the amount of an insurance policy issued by the defendant upon the life of Robert H. Pouch, who died May llth, 1911. The defendant thereupon, upon an affidavit showing that one Eliza Hargreaves, as administratrix, etc., of Robert H. Pouch, deceased, had presented a claim to the defendant and demanded that the amount due upon the policy of insurance upon which the plaintiff’s action was founded, should be paid to her as such administratrix, and that this claim was made without collusion on the part of the defendant, moved the court at Special Term for leave…
2Cases cited1 opinion
- Western Commercial Travelers' Ass'n v. LangeheinekenAppellate Division of the Supreme Court of the State of New York · 1910