Schuyler v. Pelissier
New York Court of Chancery
Demurrrer to bill of interpleader. The complainant, as a trustee or agent, was the holder of funds arising from the sales of property; and the'defendants Olympe L. Pelissier and Richard S. Church claimed interests in it. The complainant and the defendant Church were citizens of the United States ; but the other defendant, Madame Pelissier, was a subj'ect of France.
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Demurrrer to bill of interpleader. The complainant, as a trustee or agent, was the holder of funds arising from the sales of property; and the'defendants Olympe L. Pelissier and Richard S. Church claimed interests in it. The complainant and the defendant Church were citizens of the United States ; but the other defendant, Madame Pelissier, was a subj'ect of France. The latter had commenced an action against the complainant in the circuit court of the United States for the southern district of New-York. The bill sought to have the parties interplead and to restrain the action. A demurrer was…
1Opinion of the Court
’The Vic-Chancellor :
The bill contains all that is re quisite to make a bill of interpleader. It shows adverse claims jjy or on behalf of defendants ; readiness to pay over to arightful owner; and, inability to determine between the claimants.
Even if the complainant assumed to be the agent or trustee of Madame Pelissier and in that capacity received the money, it does not follow that he might not resort to a court of equity • for protection, when an adverse claim is set up by a third person, unless it appears that the adverse claimant could maintain no action at law nor recover in equity…
2Cases cited5 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- The Corporation of New-Orleans v. WinterSupreme Court of the United States · 1816
- Dunn v. ClarkeSupreme Court of the United States · 1834
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Otis v. WalterSupreme Court of the United States · 1826
3Cited by9 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Farwell v. Great Western Telegraph Co.Illinois Supreme Court · 1896
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Vail v. KnappNew York Supreme Court · 1867
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