Yates v. Tisdale
New York Court of Chancery
Bill, in the nature of interpleader. The complainants, ¡as managers of the Union Canal Lottery of Pennsylvania, issued the twelfth class of such lottery, and the defendant, Arthur O. Tisdale,.who was a lottery ticket vender in the city of Boston, became possessed of a quarter.
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Bill, in the nature of interpleader. The complainants, ¡as managers of the Union Canal Lottery of Pennsylvania, issued the twelfth class of such lottery, and the defendant, Arthur O. Tisdale,.who was a lottery ticket vender in the city of Boston, became possessed of a quarter. James Bartlett, another defendant, agreed with Tisdale, at his office in Boston, for one half of this quarter ticket and, as was usual with Bartlett when he bought tickets, endorsed upon it his initials and interest, thus, “ J. B. one half.” A clerk of Tisdale’s wrote the name of the latter thereunder and then put the…
1Opinion of the Court
The Vice-Chancellor :
The cause has been fully heard on its merits. Such a hearing does not generally take place on a bill of interpleader, the propriety of filing which is disposed of in an earlier stage and in a more summary way, putting the defendants in a position to litigate their rights in, what *74may be considered, a new and independent proceeding. How-it appears to be admissible practice for parties to pursue the course here taken; and the court can now dispose of the whole case and of the rights of all parties: City Bank v. Bangs, 2 Paige’s C. R. 572; Brymer v. Buchanan, 1 Cox, 425 ;…
2Cases cited2 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- McLaughlin v. WaiteCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by7 opinions
- Wing v. SpauldingSupreme Court of Vermont · 1891
- Butler v. M. Ins.Supreme Court of Alabama · 1848
- Whitney v. CowanMississippi Supreme Court · 1878
- Cullen v. DawsonSupreme Court of Minnesota · 1877
- Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
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