Pratt v. Myers
New York Supreme Court
Appeal from special term, Erie county. Action by George L. Pratt against Theodore Myers and another to recover ■certain bank deposits. From an order discharging defendants upon payment into court of the fund in controversy, and requiring Thomas S. Croly and ■Gorman, sheriff, to interplead as parties defendant, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The admitted facts presented by the papers on this motion fully justify the granting of the order. Before the 19th day of January, 1891, one John C. Allen had deposited with the defendants, who were bankers in the city of New York, the sum of $4,000, in the name of “Allen & Co. ” ■On the day mentioned he caused the deposit to be transferred to the name of “Allen & Co., Agents.” On the 19th day of March the sheriff of New York ■county levied on the interest of Allen in the fund and deposit in question, by virtue of an attachment issued out of the supreme court of Onondaga county, ■at the suit…
2Cases cited2 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Davis v. BenedictNew York Supreme Court · 1891
3Cited by1 opinion
- Schell v. LoweNew York Supreme Court · 1894