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.…
1Opinion of the CourtChase, J.
On November 8th, 1905, the defendant issued to Robert H. Pouch a policy of insurance whereby it insured his life in the sum of $2,000, payable to the plaintiff if she survived him. Pouch died May IT, 1911, having complied with all the provisions and agreements contained in said policy. Proof of his death was sub' mitted to the defendant by the plaintiff, and she demanded payment of said policy, and, it not being paid, this action was commenced. The defendant thereupon made a motion to interplead Eliza Hargreaves, as administratrix of the goods, chattels and credits which were of Robert H.…
2Cases cited32 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Bassett v. . LeslieNew York Court of Appeals · 1890
- Stevenson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Dorn v. . FoxNew York Court of Appeals · 1874
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- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
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