Commonwealth Bank & Trust Co. v. Gens

The issue before this court for review is whether the trial court (Canavan, J.) was correct in issuing a finding for Commonwealth Bank, on an action for interpleader, (assessing damages in the amount of $1,629.29) and against defendant Esther Gens on her Chapter 93A counterclaim.

On May 7,1982, after being presented with competing claims for $6,948.51, an amount being held in account under the names of defendant Gens and her deceased father, Samuel Kruleff, Commonwealth Bank, as a disinterested stakeholder, instituted a complaint for interpleader under Dist./Mun. Cts. R. Civ. P., Rule 22…