Cronin v. Cronin
City of New York Municipal Court
The bank for savings had on deposit to the credit of “ Mary Cronin and husband, Joseph, or either,” the sum of $747.98. The plaintiff brought an action against the bank, claiming the entire deposit, and the bank moved for and obtained an order interpleading in its place the present defendant, on the ground that he also made claim to the same fund (Mulcahy agt. Emigrant Industrial Savings Bank, 89 N..
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The bank for savings had on deposit to the credit of “ Mary Cronin and husband, Joseph, or either,” the sum of $747.98. The plaintiff brought an action against the bank, claiming the entire deposit, and the bank moved for and obtained an order interpleading in its place the present defendant, on the ground that he also made claim to the same fund (Mulcahy agt. Emigrant Industrial Savings Bank, 89 N.. Y, 435). The bank, under this order, was allowed to retain the fund at interest, subject to the further order of the '’ourt, leaving the rival claimants to establish their title to it. The…
1Opinion of the Court
McAdam, G. J.
The action of interpleader is of equitable origin, and the remedy provided by the Code is merely concurrent (9 How. Pr., 193; 1 E. D. Smith, 665; S. C., 8 How. Pr., 45; 14 id., 505). The principles which govern the remedy, either in equity or under the Code, are alike, and the rule formerly prevailing as to costs should, as far as practicable, be applied to the present practice. It is evident that the general provisions of sections 8228 and 3229 of the Code as to costs, were not intended to include interpleader- actions, where (as here) each party prevails in estabhshing title to…
2Cases cited3 opinions
- Bedell v. HoffmanNew York Court of Chancery · 1830
- Chamberlain v. O'ConnorNew York Court of Common Pleas · 1853
- Beck v. StephaniNew York Supreme Court · 1854