Burritt v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of December, 1891, denying the defendant’s motion for an order of interpleader.
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Appeal by the defendant, the Press Publishing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of December, 1891, denying the defendant’s motion for an order of interpleader. " This action was brought to recover the amount of a reward offered hy the defendant for information leading to the arrest and conviction of parties engaged in the theft from it of subscription and newsdealers’ proofs, to which reward the plaintiff’s assignor, John Cook, ■claimed to be entitled.
1Opinion of the Court
Hatch, J.:
When this case was before us upon a former appeal we held that the defendant’s moving papers were insufficient upon which to base .an order of interpleader. (Burritt v. Press Pub. Co., 19 App. Div. 609.) The papers presented upon the present motion are technically sufficient, and upon the allegations therein contained an order of' interpleader could have been sustained. This fact is not, however, the sole test by which the right to the order is to be determined. The language of the Code (Code Civ. Proc. § 820) is that the ■court may, in its discretion, make such order upon such…
2Cases cited3 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Burritt v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Taylor v. SatterthwaiteNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912