Richards v. Salter
New York Court of Chancery
BILL of interpleader, filed September 17tli, 1821, stating, that, on the 26th of June, 1821, the plaintiff purchased of the defendant, Salter, a cargo of coal, then on board of a vessel, at ten dollars per chaldron, amounting to 1125 dollars, payable in a note at thirty days. The coal was delivered to the plaintiff, who paid S. one hundred dollars on account.
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BILL of interpleader, filed September 17tli, 1821, stating, that, on the 26th of June, 1821, the plaintiff purchased of the defendant, Salter, a cargo of coal, then on board of a vessel, at ten dollars per chaldron, amounting to 1125 dollars, payable in a note at thirty days. The coal was delivered to the plaintiff, who paid S. one hundred dollars on account. That the defendants, P. fy S. Schermerhorn, afterwards, issued an attachment against William Williams, as an absent debtor, and the defendants, Ferdon fy Brown, caused another attachment to be issued against W., as an absconding debtor,…
1Opinion of the Court
The Chancellor.
This suit is brought to a hearing upon the bill and answer of the defendant, Salter; the bill as to the other defendants being taken pro confesso.
There can be no doubt, that the bill of interpleader was filed in a case proper for it. The defendants respectively claimed the débt in question, and had forbidden the plain-* tiff to pay over the money to the adverse claimant, and all indemnity to the plaintiff was denied, and the defendant, Salter, had commenced a suit at law. The bill of inter-pleader is equally proper, though the party be not actually sued, or be sued by one only…
2Cited by10 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Globe Indemnity Co. v. Puget Sound Co.Court of Appeals for the Second Circuit · 1946
- McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
- Fairbanks v. BelknapMassachusetts Supreme Judicial Court · 1883
- Groves v. SentellCourt of Appeals for the Fifth Circuit · 1895
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