N. A. Kennedy Butter Tub Co. v. First & Hamilton National Bank of Fort Wayne

The opinion of the court was delivered by

Hopeins, J.:

The action was for damages for failure to deliver goods, wares and merchandise on contract. The plaintiff was a resident of Wyandotte county. The defendant, A. T. Yail, was a nonresident, doing business under the trade name of “The Vail Cooperage Company” at Fort Wayne, Indiana. The interpleader was a national bank of Fort Wayne, Indiana. The present controversy is between the plaintiff and the interpleader involving the validity of garnishment proceedings inaugurated by the plaintiff at the commencement of the action. The interpleader…