New England Mutual Life Insurance v. Odell
New York Supreme Court
Appeal from special term, New York county; George P. Andrews, Justice. Action by the New England Mutual Life Insurance Company against Jonathan Odell, Daniel II. Mills, William A. Odell, and Hannah S. Brick, to compel defendants Jonathan and William A. Odell and Daniel II.
Read the full summary
Appeal from special term, New York county; George P. Andrews, Justice. Action by the New England Mutual Life Insurance Company against Jonathan Odell, Daniel II. Mills, William A. Odell, and Hannah S. Brick, to compel defendants Jonathan and William A. Odell and Daniel II. Mills to interjplead with defendant Hannah S. Brick as to their right to a certain policy of life insurance payable to the latter, tendering the amount of the policy, and -.seeking to enjoin the former defendants from prosecuting an action for dividends claimed by them to be due on the policy. Injunction granted, and…
1Opinion of the CourtVan Brunt, P. J.
The fact (which is conceded by the respondents) that the ■•sum which the plaintiff is willing to pay is not the sum which the defendants . and appellants claim, is fatal to the maintenance of this action. Railroad Co. v. Arthur, 90 N. Y. 235. In this case, the principle is distinctly enunciated • that, in an action of interpleader, the amount due from a plaintiff cannot be -the subject of controversy, and this seems to be simply restating a rule which appears always to have prevailed. It is urged, in answer to this objection, ■■that because the appellants claim more than the plaintiff admits…
2Cited by4 opinions
- Smith v. MosierU.S. Circuit Court for the District of Northern New York · 1909
- Sovereign Camp, W. O. W. v. PartridgeSupreme Court of Alabama · 1930
- Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
- Crane v. McDonaldNew York Court of Appeals · 1890