Allen v. Quackenbush
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York denying defendants’ motion to interplead in this action the executors of the estate of Patrick Collins, deceased, as party defendants in the place and stead of the defendants herein named, upon payment into court of the sum claimed»
1Per curiam
The note in suit was made payable to Patrick Collins or Ellen F. Allen. Patrick Collins is dead, and his executors claim title thereto. Ellen F. Allen, who was in possession of the note at the time of the death of said Collins, transferred the same to plaintiff, who is now in possession thereof. Defendants admit their liability on the same, but assert that they do not know whether plaintiff or the executors of Collins are entitled to payment. They, therefore, applied for an order of interpleader, which was denied. From the order denying this motion defendants appeal.
The rule is well settled…
2Cases cited1 opinion
- Hinsdale v. Bankers' Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912