Legal Opinion

Mulcahy v. Devlin

City of New York Municipal Court

Decided January 15, 1886Published

Motion for a new trial on the minutes.

1Opinion of the Court

McAdam, Ch. J.

The money withdrawn from the Church of Alphonsus was deposited to the credit of Bridget or Ellen Mulcahy. On such a deposit the church *219might have paid the money to either depositor, in the absence of notice to the contrary; but after notice from one of the depositors not to pay the other, the case presented a proper one for interpleader, and if the church had paid the one after notice from the other not to pay, the one giving the notice might, notwithstanding the payment, have main tained an action against the church for the amount of the deposit which belonged to her (Mulcahy…

2Cases cited8 opinions

  1. Bertles v. . NunanNew York Court of Appeals · 1883
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. Green v. . ClarkeNew York Court of Appeals · 1855
  4. Ransom v. . NicholsNew York Court of Appeals · 1860
  5. Craig v. WardNew York Supreme Court · 1862

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