Bank of Taiwan, Ltd. v. Gorgas-Pierie Mfg. Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania ;„ Oliver B. Dickinson, Judge. Suit by the Gorgas-Pierie Manufacturing Company against the Union National Bank of Philadelphia and the Bank of Taiwan, Limited, to restrain the payment of a draft to the Bank of Taiwan, in which the Union National Bank filed an answer in the nature of a cross-bill, praying for an order that plaintiff and the defendant Bank of Taiwan interplead.
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Appeal from the District Court of the United States for the Eastern District of Pennsylvania ;„ Oliver B. Dickinson, Judge. Suit by the Gorgas-Pierie Manufacturing Company against the Union National Bank of Philadelphia and the Bank of Taiwan, Limited, to restrain the payment of a draft to the Bank of Taiwan, in which the Union National Bank filed an answer in the nature of a cross-bill, praying for an order that plaintiff and the defendant Bank of Taiwan interplead. From an order directing the plaintiff and the Bank of Taiwan to interplead, the Bank of Taiwan appeals.
1Opinion of the Court
WOOLLEY, Circuit Judge.
[1] This appeal is from an order of interpleader. The plaintiff-appellee moves to dismiss the appeal on the ground that the order is not final. The order aligns the parties, prescribes the method of procedure, and — as it will presently be seen— finally denies to one of the parties the right to assert a contract obligation against another. We regard the order as final within the meaning of the statute, and, accordingly, denv the motion to dismiss the appeal. Killian v. Ebbinghaus, 110 U. S. 568, 4 Sup. Ct. 232, 28 L. Ed. 246; Standley v. Roberts, 59 Fed. 836, 8 C. C. A.…
2Cases cited7 opinions
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
- Killian v. EbbinghausSupreme Court of the United States · 1884
- McNamara v. Provident Sav. Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902
- Frey & Son, Inc. v. E. R. Sherburne Co.Appellate Division of the Supreme Court of the State of New York · 1920
- American Steel Co. v. Irving Nat. BankCourt of Appeals for the Second Circuit · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
- Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Bank of Taiwan, Ltd. v. Union Nat. Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1924
4 more not listed; retrieve them via the Exa API.