Heene v. Sewell

In this case the plaintiff gave a postdated check to the defendant Rochelle Peggy Ricca for commission on the sale of his property. When the defendant Sewell made claim for commission the plaintiff stopped payment on the check.

The defendant Ricca raises an issue as to the power of a court to grant an injunction when an interpleading plaintiff resorts to subdivision 2 of section 285 of the Civil Practice Act although there is pending against him an action by one of two claimants. This issue will not be reached until it is determined whether interpleader will lie at all.

A contract signed by the…