Commercial Travelers' Ass'n v. Newkirk
New York Supreme Court
At chambers. Bill of interpleader by the Commercial Travelers’ Association of the State of New York against Frances Newkirk and others.
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At chambers. Bill of interpleader by the Commercial Travelers’ Association of the State of New York against Frances Newkirk and others. The plaintiff is a co-operative life insurance society, incorporated in December, 1872, pursuant to “An act for the incorporation of benevolent, charitable, scientific, and missionary societies,” passed April 12, 1848. Its object, as defined in its charter, is to pay a fund to the family or friends of deceased members, and in other ways to take care of and protect them; or, as defined in the preamble to its constitution, to secure voluntary contributions to…
1Opinion of the CourtVann, J.
The plaintiff admits its full liability to one or the other of the claimants, shows that there is a question as between them to be tried, and, that it would incur hazard in paying to either. It was therefore regular in tiling this bill to compel the defendants to interplead and settle their differences without further risk or annoyance to itself. Railroad Co. v. Arthur, 90 N. Y. 234. Upon payment of the fund into court, after deducting its taxable costs, the plaintiff will be entitled to a decree relieving it from further liability to any party to the action. The controversy between the…
2Cases cited4 opinions
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Brummer v. . CohnNew York Court of Appeals · 1881
- Smillie v. . QuinnNew York Court of Appeals · 1882
3Cited by7 opinions
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- Amberg v. Manhattan Life InsuranceNew York Supreme Court · 1900
- Amberg v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Amberg v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Bull v. CaseAppellate Division of the Supreme Court of the State of New York · 1899
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