City Bank v. Bangs
New York Court of Chancery
Upon the bill of interpleader filed in this cause, and while the same was pending before the chancellor, the fund in dispute was paid into court, and was directed to be invested by the assistant register.
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Upon the bill of interpleader filed in this cause, and while the same was pending before the chancellor, the fund in dispute was paid into court, and was directed to be invested by the assistant register. The master having made his report, under the order of reference to him to ascertain the rights of the several defendants claiming the fund, and exceptions having been filed to that report, it was referred to the vice chancellor of the first circuit, to hear and decide the cause upoii such exceptions, and upon the equity reserved. The vice chancellor allowed the exceptions of the defendant…
1Opinion of the Court
The Chancellor.
The objection that this application should have been made to the vice chancellor, is not well taken in the present case. The fund in controversy having’ been paid into court while the suit was pending before the chancellor, it can only be paid out upon his order, founded upon the vice chancellor’s decree.
I think, however, that the counsel for Bangs is under a mistake in supposing that the appellants were required to give security for the payment of the fund in court, in order to stay the proceedings upon the decree. The statute is indeed general in its terms, that if the decree…
2Cited by3 opinions
- Steinback v. DiepenbrockAppellate Division of the Supreme Court of the State of New York · 1896
- Curtis v. LeavittNew York Supreme Court · 1855
- Grow v. GarlockNew York Supreme Court · 1883