National Park Bank v. Clark
New York Supreme Court
Action of interpleader. The plaintiff had on deposit a fund of $7,067.32, Belonging to the Supreme Council of the Order of Chosen Eriends, a fraternal beneficiary association originally incorporated in 1879, and subsequently reincorporated in 1899, under the laws of the State of Indiana. This fund, being a part of what was known in- said order as the “ Belief Fund,” has been deposited in court, and the claims of the several defendants thereto await determination.
1Opinion of the CourtWright, J.
On December 14, 1900, the Superior Court of Marion county, Ind., a court of original jurisdiction, appointed the defendant, Cyrus J. Clark, a temporary receiver of the property of said' order, wherever situated in the United States, on the ground of insolvency. At that time the deposit aforesaid was in the plaintiff’s custody.
On May 2, 1901, said appointment was made permanent by judgment, and the corporate franchise of the said order adjudged forfeited.
On December 17, 1900, the defendant attaching creditors, who are beneficiaries of said order, attached said fund under their respective…
2Cases cited6 opinions
- Blake v. McClungSupreme Court of the United States · 1898
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- People v. . Granite State Provident Assn.New York Court of Appeals · 1900
- People Ex Rel. Attorney-General v. Life & Reserve Association of BuffaloNew York Court of Appeals · 1896
- Cowen v. FaileyIndiana Supreme Court · 1898
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3Cited by1 opinion
- Brenizer v. Royal Arcanum.Supreme Court of North Carolina · 1906