Badeau v. Rogers & Secord
New York Court of Chancery
The complainant filed his bill in this cause in the nature of a bill of interpleader, to redeem a mortgage given by G. Underhill to D. Pelton, J. Bonnet and D. Rogers, junior, as executors of W. Henderson ; which mortgage was a lien on property which now belongs to the complainant. Pelton and Bonnet, two of the executors of Henderson, in 1823, assigned the mortgage to Secord. After their death, Rogers filed a bill against Secord to'set aside* the assignment..
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The complainant filed his bill in this cause in the nature of a bill of interpleader, to redeem a mortgage given by G. Underhill to D. Pelton, J. Bonnet and D. Rogers, junior, as executors of W. Henderson ; which mortgage was a lien on property which now belongs to the complainant. Pelton and Bonnet, two of the executors of Henderson, in 1823, assigned the mortgage to Secord. After their death, Rogers filed a bill against Secord to'set aside* the assignment.. Se-cord " applied to the complainant in this cause to pay the mortgage, and offered to indemnify him against the claim of Rogers. The…
1Opinion of the Court
The Chancellor.: The object of a bill of interpleader is to protect the complainant where he stands in the situation of a stake holder, not knowing to whom- to pay the money or to deliver the property in his hands -f and whére a recov- ‘ ery against him at the suit of one party might not be a protection against the claim' made by the other.. Such does not appear to have been the situation of the complainant at the time this bill was filed. All the'present parties were then before the court in the suit commenced by Rogers' in relation to the alleged fraud in the assignment; and the complainant…
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- Cogswell v. ArmstrongIllinois Supreme Court · 1875
- Michigan & Ohio Plaster Co. v. WhiteMichigan Supreme Court · 1880
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