Fidelity Trust Co. v. William Penn Trust Co.

Opinion by

Keller, J.,

This order directing the plaintiff in the action (1) to interplead with the Empire Yeast Company relative to the ownership of a deposit of $2,263.44 in the hands of the defendant trust company; and (2) if the issue be determined adversely to the Empire Yeast Company, then that an issue be framed between the plaintiff and defendant as to the latter’s right to set off against the fund certain credits claimed by it, cannot stand and must be reversed.

The plaintiff claimed to recover from the defendant the sum of $2,263.44, (with interest from September 13, 1931, when demand…