Sulzbacher v. National Shoe & Leather Bank
The Superior Court of New York City
Appeal from an order made at special term denying a motion made by the defendant in the above action for an interpleader.' The firm of Siedenbach, Schwab &Co., and the individual members thereof, made a general assignment for the benefit of their creditors, to William Sulzbacher, who having realized from the assigned assets, $50,000, deposited it with said National Shoe and Leather-Bank, the defendant, to his credit, and payable to his order, as such assignee.
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Appeal from an order made at special term denying a motion made by the defendant in the above action for an interpleader.' The firm of Siedenbach, Schwab &Co., and the individual members thereof, made a general assignment for the benefit of their creditors, to William Sulzbacher, who having realized from the assigned assets, $50,000, deposited it with said National Shoe and Leather-Bank, the defendant, to his credit, and payable to his order, as such assignee. Said Sulzbacher prior to March 11, 1884, drew out of said bank all of said money except $16,465.42. On May 3, 1884, the sheriff,…
1Opinion of the Court
Sedgwick, Ch. J.,
in denying the motion at special term, wrote as follows :—“ On the facts, the defendant is not in that danger of being compelled to pay twice, which is the equitable foundation of a right to have rival claim*271ants intervene. The nature of the controversy is such that ordinary diligence will enable the defendants to be informed of facts which will make it clear to whom that duty lies (Thurber v. Blandí, 50 N. Y. 80).
George O. Lay, attorney, and of counsel for appellant, as bearing on the point of sufficient danger, argued :
I. The bank is ignorant of the rights of the rival…
2Cases cited12 opinions
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Shaw v. CosterNew York Court of Chancery · 1840
- Marvin v. EllwoodNew York Court of Chancery · 1844
- Bell v. HuntNew York Court of Chancery · 1848
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