Brockway MacHine Bottle Co. v. Monaca Class Co.

Opinion by

Keller, P. J.,

This was a sheriff’s interpleader issue. The court below directed a verdict in favor of the defendant, the plaintiff in the execution. The judgment must be reversed.

The following facts are not in dispute. Monaca Glass Company (hereinafter called Monaca Company) was in financial difficulties. A committee of its creditors had been appointed to protect their interests. Brockway Machine Bottle Company (hereinafter called Brockway Company) was a large creditor of Monaca Company. It offered to buy the assets of Monaca Company,—including the goods in question in this issue—…