Sayer v. Beirne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward C. Beirne, from an interlocutory judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 7th day of April, 1902, upon the decision of the court, rendered after a trial at a Special Term of said court, overruling a demurrer to the amended and supplemental complaint, interposed upon the ground that such complaint did not state facts sufficient to constitute a…
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Appeal by the defendant, Edward C. Beirne, from an interlocutory judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 7th day of April, 1902, upon the decision of the court, rendered after a trial at a Special Term of said court, overruling a demurrer to the amended and supplemental complaint, interposed upon the ground that such complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Willard Bartlett, J.:
When an order of interpleader is made on the application of the original defendant in an action, permitting him to pay the amount sued for into court and directing that a third person, who claims the same, be substituted as defendant, the proper practice is for the *492plaintiff to serve a supplemental complaint setting forth such additional facts as are necessary to show that he has a right to recover the amount claimed from the substituted defendant. (Wilson v. Lawrence, 8 Hun, 593.)
This rule was not observed in the present case. The amended and supplemental complaint to…
2Cases cited1 opinion
- Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Baron v. BrownDistrict Court, S.D. New York · 1949
- Bator v. Hungarian Commercial Bank of PestDistrict Court, S.D. New York · 1950
- Muzzio v. NorthAppellate Division of the Supreme Court of the State of New York · 1929
- Tatum v. FarsonAppellate Division of the Supreme Court of the State of New York · 1915