McCrea v. Cook
New York Marine Court
The plaintiff sued to recover $445.89, a balance due James Dovle for work done and money paid at defendant’s request, claiming the right to recover said balance, under an assignment in writing,"bearing date October 22, 1878. The defendant, before answering, applied for an order of interpleader, upon an affidavit, stating the complaint in the action had been served on her on or about January 8, 1879, and that the said moneys demanded by the plaintiff in this action were…
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The plaintiff sued to recover $445.89, a balance due James Dovle for work done and money paid at defendant’s request, claiming the right to recover said balance, under an assignment in writing,"bearing date October 22, 1878. The defendant, before answering, applied for an order of interpleader, upon an affidavit, stating the complaint in the action had been served on her on or about January 8, 1879, and that the said moneys demanded by the plaintiff in this action were claimed by Jacob W. Frank and Charles F. Moeller, as judgment creditors of Doyle, the plaintiff’s assignor, under an order…
1Opinion of the CourtMcAdam, J.
Two objections exist to the order appealed from, which seem to us insurmountable. They will be considered in their order.
jFirst. The complaint in the present action having been served on the defendant January 8,1879, she had *387notice then (if she had none before) that the moneys she owed Doyle, had been assigned to the plaintiff.
She had notice of the application for the order requiring her to pay over, and should have presented as an objection to it, the assignment, of which she had previous notice, because, as was said by Judge Cowen, in Muir v. Schenck (3 Hill, 232), “The arrest or attachment…
2Cases cited5 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
- Sherman v. PartridgeThe Superior Court of New York City · 1855
- Bishop v. HalseyThe Superior Court of New York City · 1856
- Patten v. ConnahNew York Court of Common Pleas · 1861