Legal Opinion
Krugman v. Hanover Fire Insurance
City of New York Municipal Court
Decided July 1, 1902PublishedCited by 1 opinion
Action by one Krugman against the Hanover Fire Insurance Company. On motion for an order of interpleader.
1Opinion of the CourtO’Dwyer, C. J.
All the material facts necessary for an order of interpleader under section 820, Code Civ. Proc., are shown by the proofs submitted, and, were it not for the decision of the Appellate Term in Wells v. The Corn Exchange Bank (March, 1904; Sup.) 87 N. Y. Supp. 480, I would grant the defendant’s application. Judge Blanchard, writing for the Appellate Term in Wells v. The Corn Exchange Bank, supra, says:
*400“The granting of the motion for interpleader in the City Court would have the effect of converting the plaintiff’s action at law into one in equity (Clark v. Mosher, 107 N. Y. 118, 14 N. E. 96, 1…
2Cases cited7 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Dinlay v. McCullaghNew York Supreme Court · 1895
- Jacobs v. LiebermanAppellate Division of the Supreme Court of the State of New York · 1900
- Lawrence v. LawrenceAppellate Terms of the Supreme Court of New York · 1900
- Wells v. Corn Exchange BankAppellate Terms of the Supreme Court of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913