Devoy v. Nelles
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Devoy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of May, 1921, substituting as defendants one Hugh Montague “ as treasurer of an unincorporated association of more than seven persons known as the Clan Na Gael, and New York Volks-Zeitung, a domestic corporation,” in the place and stead of the defendant Walter Nelles.
1Opinion of the Court
Greenbaum, J.:
The action is brought to recover the sum of $5,000 upon the theory of money had and received by the defendant to the use of the plaintiff.
Section 820 of the Code of Civil Procedure requires that notice of the application for an order of interpleader shall be given to the claimant and the adverse party.
The affidavits of service of the notices on the alleged claimants do not state where either of them was served. The obvious purpose of such a notice is to bring the claimant before the court and give him an opportunity to assert his claim. It has somewhat the effect of a summons…
2Cases cited3 opinions
- Hanna v. . StedmanNew York Court of Appeals · 1921
- Rosenthal v. United Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Bullowa v. Provident Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Koninklijke Lederfabriek " Oisterwijk " N. V. v. Chase National BankNew York Supreme Court · 1941