Cluck v. Mack

I do not agree with that portion of the majority opinion relating to attorney’s fees for the interpleader. The obvious and salutary purpose of the pertinent statutes is to protect an innocent stakeholder not only from multiple liability but from the hazards, trouble, vexation and expense arising from a dispute over entitlement to a fund in the hands of the interpleader. Goad v. Goad, 238 Ark. 12, 377 S.W.2d 822; Underwriters at Lloyd’s v. Nichols, 363 F.2d 357 (8th Cir. 1966); New York Life Ins. Co. v. Miller, 139 F.2d 657 (8th Cir. 1944); Hunter v. Federal Life Insurance Co., 111 F.2d 551…