McElroy v. Baer
New York Court of Common Pleas
This was an appeal from tbe sixth district court. The action was brought originally against J. Morgan Howe, to recover for broker’s commission on the sale of a house and lot in this city. Morris B. Baer and Morris B. Bronner, composing the real estate firm of Morris B. Baer & Co., had also claimed the same commission. Howe obtained an order to showe cause why they should not be substituted as defendants in his place.
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This was an appeal from tbe sixth district court. The action was brought originally against J. Morgan Howe, to recover for broker’s commission on the sale of a house and lot in this city. Morris B. Baer and Morris B. Bronner, composing the real estate firm of Morris B. Baer & Co., had also claimed the same commission. Howe obtained an order to showe cause why they should not be substituted as defendants in his place. The motion was opposed both by plaintiff and Baer and Bronner, and was granted, upon which Howe paid tbe fund in dispute into court. After tbe interpleader thus made, Baer and…
1Per curiam
It is settled by the decisions of this court, in Rauch agt. Dreyer (3 Daly, 434), and Beer agt. Benner (11 Daly, 229), tbat tbe statutory interpleader, wbicb is not in the nature of a suit in equity, but a remedy designed for use in common law courts (see the English statute, entitled 1 and 2 Wm. IV., chap. 58; 23 and 24 Vict., chap. 126), is a measure of relief to wbicb suitors in a district court in tbe city of New York may resort It is to be regretted tbat when tbe framer of section 122 of the old Code of Procedure borrowed from tbe English statutes tbat we have mentioned tbe idea of…
2Cases cited3 opinions
- Dreyer v. RauchNew York Court of Common Pleas · 1871
- Beer v. BennerNew York Court of Common Pleas · 1882
- Van Buskirk v. RoyNew York Supreme Court · 1853