Legal Opinion

Mercantile Safe-Deposit Co. v. Huntington

New York Supreme Court

Decided October 18, 1895PublishedCited by 19 opinions

Appeal from special term, New York county. Action by the Mercantile Safe-Deposit Company against Collis P. Huntington and others, as executors, and Caroline C. Martin and another, as administrators, to determine the ownership of a tin box and its contents.

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Appeal from special term, New York county. Action by the Mercantile Safe-Deposit Company against Collis P. Huntington and others, as executors, and Caroline C. Martin and another, as administrators, to determine the ownership of a tin box and its contents. From a judgment adjudging that plaintiff is entitled to interplead in respect to the property, and determine the conflicting rights of the parties, defendants Caroline O. Martin and another, as administrators with the will annexed of Abigail R Colton, deceased, appeal. Affirmed.

1Opinion of the CourtVan Brunt, P. J.

It appears from the evidence in this case that about October, 1882, one Martha Colton rented a compartment in the plaintiff’s vaults, and paid for the same and the box placed therein. The compartment was rented in the name of “Miss Martha Colton, or Mrs. Abigail R. Colton.” Martha Colton was the only one who was identified to the company, and who ever had access to this property, except a person authorized by her. Abigail R. .Colton was entirely unknown to the company, and was never identified, or so complied with the rules of the company as to have access to the safe in question. Martha…

2Cited by19 opinions

  1. Black v. BlackSupreme Court of Arkansas · 1940
  2. In Re Estate of WilsonIllinois Supreme Court · 1949
  3. Goelz v. People's Savings BankIndiana Court of Appeals · 1903
  4. Grignon v. ShopeOregon Supreme Court · 1921
  5. In re RogersAppellate Division of the Supreme Court of the State of New York · 1896

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