Graham v. National Bank

Rodney, J.,

delivering the opinion of the court:

It has been uniformly held that statutes such as that under discussion, create no new cases of interpleader, but that the statutory remedy as to all cases falling within its provisions is a mere substitute for the equitable remedy by independent suit and is governed by the same rules. 4 Pomeroy, Eq. (4th Ed.) §§ 1329, 1482.

The authorities are comparatively uniform in requiring the following elements, among others, to be present when the equitable principle of interpleader is sought to be invoked:

1. The same thing, debt or duty must be claimed by…