Schildwachter v. Mayor of New York
New York Court of Common Pleas
Appeal from special term. Action by Charles C. Schildwachter against the mayor, etc., of New York, for rent. From an order directing payment to plaintiff of the claim in suit, without interest, and a discontinuance of the action, without costs, plaintiff appeals.
1Opinion of the CourtBischoff, J.
The proceeding of which the order appealed from is the outcome was instituted by defendant as a motion for interpleader, under section 820 of the Code of Civil Procedure. The order, however, accomplished a very different result from that originally sought, for thereby the action was directed to be terminated, as against all parties concerned, upon defendant’s paying the plaintiff the amount of his claim, without interest or ■costs. In that interest and costs were thus disallowed, lies the appellant’s grievance. The claim in suit was for two months’ rent of certain premises leased by defendant…
2Cases cited12 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Wellington v. ClaasonNew York Supreme Court · 1859
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
- Van Buren v. FortNew York Supreme Court · 1830
- Arnoux v. SteinbrennerNew York Court of Chancery · 1828
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