Phillips v. Brady

This matter came before me on final hearing on November 10th, 1947. At the termination of the hearing, I informed counsel that the interpleader suit would not lie for the reason that complainant had entered into a separate contract with Beatrice Brady (Kellog), one of the defendants. See CarrierCorp. v. Bedworth, Inc., 125 N.J. Eq. 163.

Complainant argued that my decision was erroneous and that the above cited case was not applicable for the reason that it was apparent on the face of the separate contract that the complainant had not incurred any liability thereunder since the rate of…