McFadden v. Swinerton
Oregon Supreme Court
From Benton : J. C. Fullerton, Judge. The plaintiff herein prays an order directing an inter-pleader between several defendants to determine conflicting interests touching a fund in his hands.
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From Benton : J. C. Fullerton, Judge. The plaintiff herein prays an order directing an inter-pleader between several defendants to determine conflicting interests touching a fund in his hands. It is alleged that in or about October, 1895, the defendant W. A. Swinerton filed a claim for the sum of $12,794.52 against the Oregon Pacific Railroad Company and the Willamette Valley & Coast Railroad Company in a receivership proceeding wherein the Farmers’ Loan & Trust Company was plaintiff and the above named corporations were defendants ; that said claim constituted the aggregate of several lesser…
1Opinion of the Court · WolvertonChief Justice Wolverton
It is contended that an interpleader will not lie under the facts developed in the course of the proceedings, because : (1) The plaintiff is himself interested in the controversy by reason of having retained $124.50 out of the original fund coming into his hands as compensation for his services as attorney in its collection, touching which there is a dispute between him and Dickinson ; and (2) he is but the agent or attorney for Swinerton, and as such required to account to him, regardless of whatever other demands may have been made upon the fund. As a general rule, an agent, attorney, or…
Also in this document: Opinion of the Court · Bean.
2Cases cited11 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Northwestern Fuel Co. v. BrockSupreme Court of the United States · 1891
- Haebler v. . MyersNew York Court of Appeals · 1892
- Ex Parte Morris and JohnsonSupreme Court of the United States · 1870
- People Ex Rel. Wren v. . GoettingNew York Court of Appeals · 1892
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3Cited by18 opinions
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Capital Transit Co. v. Public Utilities Commission of District of ColumbiaCourt of Appeals for the D.C. Circuit · 1954
- Redwood Hotel, Inc. v. KorbienCourt of Appeals of Maryland · 1951
- Aetna Insurance Co. v. HydeSupreme Court of Missouri · 1931
- Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.