Holland Trust Co. v. . Sutherland
New York Court of Appeals
Appeal from a judgment entered March 13,1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and dismissed the complaint. The nature of the action and the facts, so far as material,, are stated in the dissenting opinion. The complaint states a good cause of action.
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Appeal from a judgment entered March 13,1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and dismissed the complaint. The nature of the action and the facts, so far as material,, are stated in the dissenting opinion. The complaint states a good cause of action. (Coe v. Beckwith, 31 Barb. 339 ; Curtus v. Candler, 6 Madd. 123 ; Dimmock v. Bixby, 20 Pick. 374; R. T. Works v. Kelly, 88 N. Y. 234.) The contention of the Appellate Division that “…
1Opinion of the CourtBartlett, J.
It is, of course, clear that interpleader is not the appropriate remedy. If the action of interpleader is brought under the Code or the old equity practice it is essential that the plaintiff should be a mere stakeholder, and that the parties whose claims are conflicting for the funds in his hands should be parties defendant. That is not this case. Hor do I think this case falls within any of the cases cited as authorities against the maintenance of this action. It is well settled that where the trust instrument is plain in its terms and the duty of the trustee clear, he is not justified in…
2Cited by10 opinions
- Leggett v. . StevensNew York Court of Appeals · 1906
- Warder v. BradyCourt of Appeals for the Fourth Circuit · 1940
- Noyes v. First National Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Erb v. Banco Di NapoliNew York Court of Appeals · 1926
- Equitable Trust Co. v. Green Star S. S. Corp.District Court, S.D. New York · 1922
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