Clark v. Childs

In every case of interpleader, whether by action or by motion, a prerequisite is that the same thing, debt or duty should be claimed as owing to the applicant by each claimant; or, as sometimes expressed, that the claims must be mutually exclusive. If the two claims may both be right and the validity of the one does not depend upon the invalidity of the other, there is no reason why law or equity should unite them in one proceeding. (Wood, Dolson Co., Inc., v. Leonett Realty Co., Inc., 227 App. Div. 552; Bassett v. Leslie, 123 N. Y. 396; McCreery v. Inge, 49 App. Div. 133; Olsen v. Moran, 50…