Legal Opinion

Ahrens v. Burke

New York Court of Common Pleas

Decided March 15, 1881PublishedCited by 4 opinions

Action for commission for selling a house. Verified complaint served. On the return day, March 12, 1881, defendant moved to interplead with other claimants for the same commission. Plaintiff denied jurisdiction of court to interplead under new Code, and demanded judgment unless verified answer was filed at once.

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Action for commission for selling a house. Verified complaint served. On the return day, March 12, 1881, defendant moved to interplead with other claimants for the same commission. Plaintiff denied jurisdiction of court to interplead under new Code, and demanded judgment unless verified answer was filed at once. The justice reserved his decision on the motion of interpleader, as the question was new, and gave defendant time to file an answer until after the motion, as to the power of interpleader, should be decided. Plaintiff excepted. On the seventeenth, justice Langbein filed his decision,…

1Opinion of the Court

Langbein, Civil Justice.

This is an action for brokers’ commissions for the sale of property known as No. 971 Second avenue, in the city of Hew York. On the return day of the summons the defendant made a motion for an order of inter-pleader, “ that he be allowed to pay the amount he is sued for into court; that one Leopold Lithauer and one Henry Trauman be substituted in his place and stead as defendant in this action, and that he be thereupon discharged from liability.”

Upon this motion the first question that presents itself is, have district courts in this city the power of interpleader %…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Dreyer v. RauchNew York Court of Common Pleas · 1871

3Cited by4 opinions

  1. People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
  2. People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1893
  3. Merwin v. RogersNew York Court of Common Pleas · 1889
  4. People ex rel. Allen v. MurrayThe Superior Court of New York City · 1893

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