Illingworth v. Rowe

Van Fleet, V. C.

This is an interpleader suit. Two of the defendants have demurred to the bill for want of equity. As a bill of strict inter-pleader I do not think the bill can be sustained, but if it be *361considered as a bill in the nature of a bill of interpleader, then I think it must be held to exhibit a case which clearly entitles the complainant to relief. Not relief of the kind now asked, but such relief as the court may, under a bill in the nature of a bill of interpleader, grant upon the facts admitted by the demur-rants. To state a case of strict interpleader it is necessary for the…