Williamsburgh Savings Bank v. Avery

Defendant Walter Avery appeals from an order made in an action of interpleader brought by the plaintiff against the appealing defendant and another. Order affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell and Close, JJ., concur; Lazansky, P. J., and Taylor, J., dissent, vote to reverse the order appealed from, and to deny the plaintiff’s motion for an interpleader, with the following memorandum: This is not a case for interpleader. The plaintiff bank is not an impartial stakeholder. The effect of the stipulation relating to brokerage, contained in the contract…