Crane v. . McDonald
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 3, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action of interpleader.
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Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 3, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action of interpleader. The complaint alleged in substance and the trial court found that the following facts existed, when the action was commenced : The plaintiff held in his hands the .sum of $808 then due from him upon a contract that he had entered into with one Jennie L. Graves. At the same time the defendant, Martha McDonald,…
1Opinion of the CourtVann, J.
The material allegations in a bill of interpleader, according to an early decision ¡by the Court of Errors, are: (1) That two or more persons have preferred a claim against the complainant; (2) that they claim the same thing; (3) that the complainant has no beneficial interest in the thing claimed; and (4) that he cannot determine, without hazard to himself, to which of the defendants the thing belongs. (Atkinson v. Manks, 1 Cow. 691, 703.) It was also held in that case that the complainant should annex to his bill an affidavit that there is no collusion between him and any of the parties and…
2Cases cited10 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Atkinson v. ManksNew York Supreme Court · 1823
- Bedell v. HoffmanNew York Court of Chancery · 1830
- Neftel v. . LightstoneNew York Court of Appeals · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
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- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Sovereign Camp Woodmen of the World v. WoodMissouri Court of Appeals · 1903
- Hoyt v. GougeSupreme Court of Iowa · 1904
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