Trembley v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles C. Marshall, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county, of New York on the 28tli day of January, 1907, denying the defendant’s motion to have another person interpleaded and substituted as defendant.
1Opinion of the Court
Scott,. J.:
We have here presented the not infrequent case of a single sale of real property, with two brokers each claiming to have been the sole efficient cause of the sale, and, therefore, entitled to the commission. There is no pretense or suggestion that defendant has rendered himself liable to pay double commissions, and he, conceding his liability to one or the other of the claimants, but unable to determine between them, and unwilling to do so at his own risk, asks to interplead them, paying the sum claimed into court, and leaving the rival claimants to litigate over it between…
2Cases cited3 opinions
- Dreyer v. RauchNew York Court of Common Pleas · 1871
- Bickart v. HoffmannNew York Court of Common Pleas · 1892
- Rasines v. IvesAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Dardonville v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Stinson v. 6-8 West 57th Street Corp.New York Supreme Court · 1926
- Norman v. Oakland Golf ClubAppellate Division of the Supreme Court of the State of New York · 1953
- Pell & Tibbits, Inc. v. BedfordAppellate Division of the Supreme Court of the State of New York · 1933
- Fox v. CammeyerAppellate Terms of the Supreme Court of New York · 1916