Beer v. Benner
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York, for the Fourth Judicial District, entered upon the verdict of a jury. The action was brought against one Peter Diehl, to re-recover the sum of $250 claimed by plaintiff as a balance of commissions due him as broker for the sale of certain lots of land.
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Appeal from a judgment of the District Court in the City of New York, for the Fourth Judicial District, entered upon the verdict of a jury. The action was brought against one Peter Diehl, to re-recover the sum of $250 claimed by plaintiff as a balance of commissions due him as broker for the sale of certain lots of land. Upon motion of Diehl, an order was made by the Justice of the District Court that George H. Benner be interpleaded as defendant, it appearing that Benner claimed the money on the ground that he was originally employed by Diehl to find a purchaser for the lots, and that he…
1Opinion of the CourtJ. F. Daly, J.
This ivas a proper case for interpleading Benner, who claimed the money for which the suit was brought, because he alleged himself to be the actual contractor with Diehl, and claimed that the plaintiff was his agent and not an independent contractor. Diehl therefore stood as a mere stakeholder of a fund which belonged to one of two claimants, and was properly relieved of the suit *230on paying the money into court and substituting Benner as defendant. The question is whether the District Courts had power at the date of the order of interpleader in the action (April 3d, 1882) to make such an…
2Cited by4 opinions
- Englander v. FleckAppellate Terms of the Supreme Court of New York · 1906
- McElroy v. BaerNew York Court of Common Pleas · 1886
- Rogers v. Picken Realty Co.Appellate Terms of the Supreme Court of New York · 1907
- McElroy v. BaerNew York Court of Common Pleas · 1886