Board of Supervisors v. . Deyoe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant Deyoe, entered upon an order affirming an order sustaining a demurrer upon the part of .said defendant to the complaint herein. (Reported below, 15 Hun, 526.) The substance of the complaint is set forth sufficiently in the opinion. This action can be maintained as a bill in tho nature of a bill of interpleader.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant Deyoe, entered upon an order affirming an order sustaining a demurrer upon the part of .said defendant to the complaint herein. (Reported below, 15 Hun, 526.) The substance of the complaint is set forth sufficiently in the opinion. This action can be maintained as a bill in tho nature of a bill of interpleader. (Yates v. Tisdale [3 Edw., 71], 74; Schuyler v. Pelisser, 3 Ed. Ch., 191, 192; Shaw v. Coster, 8 Paige, 339, 345; 2 Story’s Eq., § 812 ; Story’s Eq. Pl.,.§§ 294-297;…
1Opinion of the CourtAndrews, J.
This is an appeal from the judgment of the General Term, affirming the judgment of the Special Term, sustaining the demurrer of the defendant Ella Deyoe, to the plaintiff’s complaint. The complaint shows that each one, of the fifty three defendants, is the holder of one or more notes, purporting to be the notes of the county of Saratoga, isssued by Henry A. Mann, county treasurer, in 1875, and signed by him in his official character, and which amount in the aggregate to $138,631. The notes on their face refer to a resolution of the board of supervisors, passed in November, 1874, as the…
2Cases cited2 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Badeau v. Rogers & SecordNew York Court of Chancery · 1830
3Cited by32 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
- Bailey v. TillinghastCourt of Appeals for the Sixth Circuit · 1900
- Ostrander v. . WeberNew York Court of Appeals · 1889
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