Vosburgh v. Huntington
New York Supreme Court
Motion for an interpleader. This action was originally brought by Abram S. Vosburgh, and continued by John S. Vosburgh, administrator, against Charles R. Huntington, Charles E. Beveridge, and Nathaniel P. Jacobs, to obtain the delivery of two hundred and four fir-kins of butter, valued at $760. The butter was delivered to the plaintiff at the commencement of the action under proceedings of claim and delivery.
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Motion for an interpleader. This action was originally brought by Abram S. Vosburgh, and continued by John S. Vosburgh, administrator, against Charles R. Huntington, Charles E. Beveridge, and Nathaniel P. Jacobs, to obtain the delivery of two hundred and four fir-kins of butter, valued at $760. The butter was delivered to the plaintiff at the commencement of the action under proceedings of claim and delivery. The defendants applied to have one Marcus Ball, who claimed the property in question, substituted as defendant. The nature of Ball’s claim, and of the proceedings had on the motion, are…
1Opinion of the CourtMullin, J.
The defendants moved to substitute in their place as defendants one Marcus Ball, on the ground that said Ball, by his agent, advanced the money to John A. Bidwell, to purchase butter in question in this action. The butter when purchased was to be stored with the defendants, in the name of and for the benefit of said Marcus Ball It is further claimed by the defendants that Bidwell, in violation of his duty, deposited the butter with the defendants in his own name, taking a receipt therefor, and that he afterwards fraudulently sold the said butter to the plaintiff, and by indorsement on the…
2Cases cited3 opinions
- Marvin v. EllwoodNew York Court of Chancery · 1844
- Schuyler v. PelissierNew York Court of Chancery · 1838
- Sherman v. PartridgeThe Superior Court of New York City · 1855
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