Krugman v. Hanover Fire Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of Rew York, denying its motion for an order of interpleader under section 820 of the Code of Civil Procedure.
1Opinion of the CourtBischoff, J.
The affidavit used on the motion presented a clear case for an order of interpleader, but the motion was denied upon the ground, as appears from the opinion of the court, that the City Court had no power to grant such an application, under the authority of Wells v. Corn Exchange Bank, 43 Misc. Rep. 377; 87 N. Y. Supp. 420, decided by the Appellate Term of this court in March, 1904.
In the case cited, the court held that after the granting of an order of interpleader the cause became one of equitable cognizance, and that since the City Court had no equity powers, the granting of such a motion…
2Cases cited3 opinions
- Jacobs v. LiebermanAppellate Division of the Supreme Court of the State of New York · 1900
- Wells v. Corn Exchange BankAppellate Terms of the Supreme Court of New York · 1904
- Lynch v. SimmondsAppellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Greenblatt v. MendelsohnCity of New York Municipal Court · 1905
- Manacher v. Sterling National Bank & Trust Co.City of New York Municipal Court · 1967
- United States Mortgage & Trust Co. v. Vermilye PowerAppellate Terms of the Supreme Court of New York · 1911
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913