Legal Opinion

Brown v. Clark

Supreme Court of Connecticut

Decided March 5, 1908PublishedCited by 13 opinions

Action in the nature of interpleader to determine the title to a savings-bank deposit, brought to the Superior Court in Middlesex County where a demurrer to the complaint and prayers for relief was overruled (.Ralph Wheeler, J.~) and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, and appeal by the executor of the defendant Sarah A. Clark.

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Action in the nature of interpleader to determine the title to a savings-bank deposit, brought to the Superior Court in Middlesex County where a demurrer to the complaint and prayers for relief was overruled (.Ralph Wheeler, J.~) and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, and appeal by the executor of the defendant Sarah A. Clark. The complaint alleged that the plaintiff’s intestate, Gilbert M. Clark, at the time of his death was owner of $212 on deposit in his name in the defendant bank, with the book of deposit…

1Opinion of the CourtHamersley, J.

The trial court did not err in overruling the demurrer to the complaint. The facts alleged justified the plaintiff in making the savings-bank, and Sarah A. Clark who claims an equitable right to the deposit, parties to the action. The case comes clearly within the provisions of the Practice Act, which provides for bringing before the court in one civil action all parties to the controversy involved, whose rights and interest in respect to the subject-matter are such that a complete determination of the controversy cannot be had without their presence. A complete determination of the…

2Cases cited10 opinions

  1. Corr's Appeal From CommissionersSupreme Court of Connecticut · 1892
  2. Haussman v. BurnhamSupreme Court of Connecticut · 1890
  3. Union Trust Co. v. Stamford Trust Co.Supreme Court of Connecticut · 1899
  4. Fuller v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1896
  5. Osborn v. ByrneSupreme Court of Connecticut · 1875

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Powers v. Hotel Bond Co.Supreme Court of Connecticut · 1915
  2. Alexiou v. Bridgeport-Peoples' Savings BankSupreme Court of Connecticut · 1930
  3. Travelers Insurance Co. v. GeboSupreme Court of Vermont · 1934
  4. Driscoll v. Norwich Savings SocietySupreme Court of Connecticut · 1952
  5. Brown v. ClarkSupreme Court of Connecticut · 1909

8 more not listed; retrieve them via the Exa API.

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