Bedell v. Hoffman
New York Court of Chancery
The complainant gave a mortgage to H. Eckford to secure the payment of $1800, in fact loaned from The Life and Fire Insurance Company of New-York ; but which Eckford negotiated as agent and took the securities in his own name. • Six hundred dollars of this debt was paid previous to the failure of that company.
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The complainant gave a mortgage to H. Eckford to secure the payment of $1800, in fact loaned from The Life and Fire Insurance Company of New-York ; but which Eckford negotiated as agent and took the securities in his own name. • Six hundred dollars of this debt was paid previous to the failure of that company. At the time of the failure one note of $1200 remained unpaid, for which the bond and mortgage of the complainant was held as security; and which note,. together with the bond and mortgage and certain other demands due to the company, had been assigned to Josiah Barker, in trust and for…
1Opinion of the Court
The Chancellor.
A bill of interpleader strictly so called is where the complainant claims no relief against either of the defendants, but only asks that he may be at liberty to pay the money or deliver the property to the one to whom it of right belongs, and may thereafter be protected against the" claims of both. (Milchell v. Hayne, 2 Sim. & Stu. 63.) In such cases, the only decree to which the complainant . is entitled, is a decree that the bill is properly filed ; that he be at liberty to pay the funds into court and have his costs and that the defendants interplead and settle the matter…
2Cited by32 opinions
- TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
- Killian v. EbbinghausSupreme Court of the United States · 1884
- Groves v. SentellSupreme Court of the United States · 1894
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Newhall v. KastensIllinois Supreme Court · 1873
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