Sherman v. Partridge
The Superior Court of New York City
Motion under '§ 122 of the Code, that one Henry Delafield be substituted as the sole defendant, and the present defendants be discharged from all liability to either party, upon their' paying into court the sum of $348 17; or if that relief should be denied, then that Delafield should be made a co-defendant.
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Motion under '§ 122 of the Code, that one Henry Delafield be substituted as the sole defendant, and the present defendants be discharged from all liability to either party, upon their' paying into court the sum of $348 17; or if that relief should be denied, then that Delafield should be made a co-defendant. The allegations of the complaint were, that one Philip H. Searle, had sold to the defendants a quantity of logwood of the value of $500, and for a valuable consideration had transferred and assigned to the plaintiffs, his claim against the defendants, arising from the sale. That the…
1Opinion of the CourtDtjbb, J.
I. Taking into consideration the facts set forth in the plaintiff’s affidavits, and which I think might properly be given in evidence to sustain the averment in the complaint, of a special promise, I am clearly of opinion that the motion for the discharge of the defendant, and the substitution of Delafield as the sole defendant, must be denied.
An order of interpleader under § 122 of the Code, can only be properly made when the whole controversy turns upon the right of property, that is, upon the question whether the plaintiff in the suit or the claimant whose substitution as the defendant is…
2Cases cited1 opinion
- Bates v. StantonThe Superior Court of New York City · 1852
3Cited by6 opinions
- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Coleman v. ChambersSupreme Court of Alabama · 1900
- Vosburgh v. HuntingtonNew York Supreme Court · 1862
- Wilson v. DuncanThe Superior Court of New York City · 1860
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