Stock, Grain & Provision Co. v. Haight
New York Supreme Court
Action by the Stock, Grain & Provision Company of New York, Limited, against Mary T. Haight and others. Plaintiff’s motion for an order permitting it to pay into court moneys claimed by defendants, enjoining them from proceeding against it to collect the same, and to interplead them, denied.
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Action by the Stock, Grain & Provision Company of New York, Limited, against Mary T. Haight and others. Plaintiff’s motion for an order permitting it to pay into court moneys claimed by defendants, enjoining them from proceeding against it to collect the same, and to interplead them, denied. One William C. Haight recovered a judgment against the Stock, Grain & Provision Company of New York, Limited, which was affirmed by the Court of Appeals March 17, 1905. December 28, 1904, the Hamilton Bank of New York recovered a judgment against the said William C. Haight. March 20, 1905, the judgment…
1Opinion of the CourtGreenbaum, J.
The affidavits submitted upon the reconsideration of this motion in behalf of the defendant Mary Haight, read in connection with the previous affidavits, make it clear that no facts have been presented from which the court may infer that the claim asserted by the receiver has reasonable foundation. A mere assertion of a claim or demand is insufficient to entitle a party to an order of interpleader. Stevenson v. N. Y. Life, 10 App. Div. 233, 41 N. Y. Supp. 964, citing Bank v. Yandes, 44 Hun, 55; Wells v. Nat. City Bank, 40 App. Div. 498, 58 N. Y. Supp. 125; Hanna v. Mfrs. Trust Co., 104 App.…
2Cases cited5 opinions
- Stevenson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Schrauth v. . the Dry Dock Savings BankNew York Court of Appeals · 1881
- Wells v. National City BankAppellate Division of the Supreme Court of the State of New York · 1899
- Metcalf v. Del ValleNew York Supreme Court · 1892
- Hanna v. Manufacturers' Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905