Morgan v. Fillmore
Superior Court of Buffalo
Demurrer to complaint. The complaint in this action set forth that on the 20th of July, 1863, an order was granted in supplemental proceedings taken against one Hubbard, to examine the plaintiff relative to his indebtedness to Hubbard, and enjoining him from disposing of such indebtedness.
Read the full summary
Demurrer to complaint. The complaint in this action set forth that on the 20th of July, 1863, an order was granted in supplemental proceedings taken against one Hubbard, to examine the plaintiff relative to his indebtedness to Hubbard, and enjoining him from disposing of such indebtedness. That the order was served and the examination taken, from which it appeared that the plaintiff was indebted to Hubbard in the sum of $515.49. That subsequently the plaintiff was induced, by Hubbard’s fraudulent representations, to give to Hubbard a note for such indebtedness, which had since been…
1Opinion of the Court
The Court*
unanimously held that this was not a proper case for interpleader. That the action to compel parties claiming a particular fund to interplead and settle the question of right to the fund between themselves, did not lie where it appeared, by the plaintiff’s -complaint, that the complainant was fully advised of the grounds of the different claimants’ claims upon the fund in controversy, as well as the nature and extent of his liability to each, for the reason that, being thus in possession of the requisite knowledge, it devolved upon himself to determine to which of the claimants he…
2Cited by2 opinions
- Dodge v. LawsonThe Superior Court of the City of New York and Buffalo · 1892
- Taylor v. SatterthwaiteNew York Court of Common Pleas · 1893