The New York and Harlem Railroad v. Haws
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, reversing portions of a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to determine the claim of defendant Mallady to certain moneys in the hands of plaintiff, and to restrain defendant Haws from further proceedings upon a verdict obtained by him in an action brought against plaintiff for the conversion of said moneys.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, reversing portions of a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to determine the claim of defendant Mallady to certain moneys in the hands of plaintiff, and to restrain defendant Haws from further proceedings upon a verdict obtained by him in an action brought against plaintiff for the conversion of said moneys. The defendant Haws, a passenger in one of the plaintiff’s cars, found a package in the car, containing $1,045 in money. He…
1Opinion of the CourtGrover, J.
This cannot be maintained as an action by the plaintiff to compel Haws and Mallady to interplead for the determination of their respective right to the money in the hands of the plaintiff. The complaint omits to state various facts essential to establish such a right, and contains allegations inconsistent therewith. (Shaw v. Coster, 8 Paige, 339, and authorities cited by the chancellor.) The counsel for the appellant conceded, upon the argument, that the action could not be maintained upon that ground. If the action can be maintained by the plaintiff as against Haws, it must be upon the…
2Cases cited1 opinion
- Shaw v. CosterNew York Court of Chancery · 1840
3Cited by2 opinions
- Hutchinson v. Market Bank of TroyNew York Supreme Court · 1867
- Harley v. Eleventh Ward BankNew York Court of Common Pleas · 1878