Sayer v. Beirne
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Orange county. Action by James E. Sayer against the Erie Railroad Company. From an interlocutory judgment overruling the demurrer of the substituted defendant Edward C. Beirne, to the amended and supplemental complaint, on the ground that it did not state facts sufficient to constitute a cause of action, the substituted defendant appeals., Reversed.
1Opinion of the CourtWillard Bartlett, J.
When an order of interpleader is made on the application of the original defendant in an action, permitting him to pay the amount sued for into court, and directing that a third person, who claims the same, be substituted as defendant, the proper practice is for the plaintiff to serve a supplemental complaint setting forth such additional facts as are necessary to show that he has a right to recover the amount claimed from the substituted defendant. Wilson v. Lawrence, 8 Hun, 593. This rule was-not observed in the present case. The amended and supplemental, complaint to which the appellant…
2Cases cited1 opinion
- Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Bator v. Hungarian Commercial Bank of PestDistrict Court, S.D. New York · 1950
- Tatum v. FarsonAppellate Division of the Supreme Court of the State of New York · 1915