Nassau Bank v. Ritzinger

I am of the opinion tbat tbe plaintiff is not entitled to a judgment tbat tbe defendants interplead, for tbe following reasons:

First. An action of interpleader can be maintained in those eases only where there is a serious doubt as to the question involved.

Second. The assignment made by tbe Kitzingers was not a statutory, but a voluntary one; and, upon the authorities, it seems to be clear that, as against the attaching creditors, the assignee (Yandes) has a good title to the money and other securities in the hands of the' plaintiff. Hoyt v. Thompson, 5 N. Y., 353; Kelstadt v. Reilly, 55 How.…