Kimberly v. Aldridge

CROSS, Judge.

This is an equity action in the nature of an interpleader. Plaintiff holds funds in escrow as a disinterested stake holder. Both defendants interplead their respective claims to the fund. Defendant Paul Ber-man, a Trustee in Bankruptcy, appeals from the trial court’s judgment awarding the fund to defendant R. G. Aldridge.

The controversy stems from the construction of the Grandview Bank Building, and involves inter-related transactions between the principal contractor, a subcontractor and a sub-subcontractor.

In September, 1958, the Bennett Construction Company entered into the…