Lanning v. Stiles
Michigan Supreme Court
Appeal from Van Burén; Des Voignes, J. Bill by Nettie Lanning against A. E. Stiles and Albert A. Abbott for a decree of interpleader. From a decree for complainant, defendant Stiles appeals.
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Appeal from Van Burén; Des Voignes, J. Bill by Nettie Lanning against A. E. Stiles and Albert A. Abbott for a decree of interpleader. From a decree for complainant, defendant Stiles appeals. The bill of complaint was filed in this cause for the purpose of enjoining the prosecution of a suit at law, brought by defendant Stiles against complainant, and for the further purpose of compelling the two defendants to interplead and determine which of them was entitled to a real estate commission of $140, which complainant admits she owes to one or other of said defendants, and which she has paid into…
1Opinion of the CourtBrooke, J.
(after stating the facts). The record in this case shows that complainant made two separate and distinct contracts, one with each of the defendants. They were different in date, different in the number of acres to be sold, and perhaps different *277as to the commission to be paid. The primary question involved, therefore, is not which of the defendants is entitled to a specific “fund” (the commission), but whether defendant Stiles can be enjoined from prosecuting a suit at law upon his individual contract, claiming to have performed the same.
To entitle a complainant to file a bill of interpleader…
2Cases cited5 opinions
- Michigan & Ohio Plaster Co. v. WhiteMichigan Supreme Court · 1880
- Wallace v. SortorMichigan Supreme Court · 1883
- Detroit Trust Co. v. HunrathMichigan Supreme Court · 1911
- Moore v. BarnheiselMichigan Supreme Court · 1881
- Vogle v. Union Central Life-InsuranceMichigan Supreme Court · 1907
3Cited by4 opinions
- Alton v. MerrittSupreme Court of Minnesota · 1920
- Ford Motor Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1929
- Fidelity & Deposit Co. v. CodyMichigan Supreme Court · 1936
- Ford Motor Co. v. BlairMichigan Supreme Court · 1932