Lynch v. St. John
New York Court of Common Pleas
Appeal from an order of the general term of the Marine Court of the city of New York, reversing an order made at a special term of that court, denying a motion of the defendant to interplead. The action was brought to recover the possession of jewelry of plaintiff wrongfully detained by defendant, with damages for detention. The sheriff demanded the property and defendant refused to deliver it.
Read the full summary
Appeal from an order of the general term of the Marine Court of the city of New York, reversing an order made at a special term of that court, denying a motion of the defendant to interplead. The action was brought to recover the possession of jewelry of plaintiff wrongfully detained by defendant, with damages for detention. The sheriff demanded the property and defendant refused to deliver it. Before answering, the defendant, upon his affidavit that Robert Simpson and William Simpson, forming the copartnership of Simpson & Co., claimed the property, and that the property was delivered to…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The order is appeal-able. It is a final determination of the action brought by the plaintiff against St. John, as it provides that upon the delivery of the property which St. John has in his charge to the sheriff he is to be discharged from all liability therefor *144to the plaintiff. In place of the present action it substitutes another action, which the plaintiff has not asked for, against other persons, Robert Simpson and William Simpson. It directs that they shall be substituted in the place of the defendant St. John, and it has been already held that such an…
2Cases cited3 opinions
- Clark v. SkinnerNew York Supreme Court · 1823
- Hall v. TuttleNew York Supreme Court · 1829
- Wilson v. DuncanThe Superior Court of New York City · 1860
3Cited by7 opinions
- Hofferman v. SimmonsNew York Court of Appeals · 1943
- Duboff v. HaslanAppellate Division of the Supreme Court of the State of New York · 1921
- Pelham Hod Elevating Co. v. BaggaleyCity of New York Municipal Court · 1890
- B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
- B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978
2 more not listed; retrieve them via the Exa API.