Roberts v. Vanhorne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie A. Roberts, as committee, etc., of David H. Roberts, an adjudged lunatic, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 12th day of May, 1897, substituting the Chambers & McKee Glass Company as defendant in the action in the place and stead of Daniel A. Vanhorne and Benjamin Griffen.
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Appeal by the plaintiff, Annie A. Roberts, as committee, etc., of David H. Roberts, an adjudged lunatic, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 12th day of May, 1897, substituting the Chambers & McKee Glass Company as defendant in the action in the place and stead of Daniel A. Vanhorne and Benjamin Griffen. The plaintiff, as a committee of the person and property of one David H. Roberts, an adjudged lunatic, seeks the return of certain moneys admitted to have been deposited with the…
1Opinion of the Court
O’Brien, J.:
There are two fatal objections to the order of interpleader granted herein. The defendants upon the motion failed to give notice to the Chambers & McKee Glass Company, as required by section 820 of the Code of Civil Procedure, and in' their affidavit failed to state any facts or circumstances which place in doubt the right of the plaintiff to recover the moneys sued for,, or which in any way show that the' demand of the Chambers & McKee Glass Company is well founded. There is merely a statement that the defendants are informed and believe that the Chambers & McKee Glass Company…
2Cases cited1 opinion
- Stevenson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Wells v. National City BankAppellate Division of the Supreme Court of the State of New York · 1899
- Cosgriff v. Hudson City Savings InstitutionNew York Supreme Court · 1898
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