Taylor v. Satterthwaite
New York Court of Common Pleas
Appeal from special term. Action by William B. Taylor and others against Thomas E. Satterthwaite and another to recover money. Defendants move that George B. Bead be substituted in their place as defendant, under Code Civil Proc. § 820. From an order denying the motion for interpleader, defendants appeal.
1Opinion of the CourtPbyob, J.
The learned judge at special term assigned a single cause for the denial of the motion, but the order will be upheld if it may be supported upon any ground apparent in the papers. Nevertheless we are quite satisfied that the reason given for the decision in question is sufficient to sustain it. By the terms of the Code, (section 820,)1 an order of interpleader is allowable only when the competing creditors demand “the same debt or property.” The thing about which these creditors are in controversy is a debt, and the question is as to the identity of the claims they respectively prefer. As the…
2Cases cited7 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Grant v. QuickThe Superior Court of New York City · 1852
- Trigg v. HitzNew York Supreme Court · 1864
- Morgan v. FillmoreSuperior Court of Buffalo · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoyt v. GougeSupreme Court of Iowa · 1904
- Morgan v. KraftCourt of Appeals for the D.C. Circuit · 1922
- Burritt v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898