Denniston v. Snyder

The defendants are not eutitled to interplead the creditors of their testator because they aré not subjected to any double hazard, loss or damage with respect to plaintiff’s claim. The defendants are trustees for the creditors and are bound to inter*45pose all valid defenses to plaintiff’s claim. Matter of Prince, 56 Misc. Rep. 222, 227. The recovery of a judgment in the action would merely establish the claim and would not give any priority over other claims of the same class. Matter of Nelson, 63 Misc. Rep. 627, 632. The recovery of a judgment would give the claim no greater force than if the…