City of Montpelier v. Capital Savings Bank
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill, at the September Term, 1902, Washington County, Watson, Chancellor. The orator without fault on its part is put in a position where it cannot determine, without hazard to itself, to which of the defendants the fund belongs. Cram v. McDonald, 23 N. E. 991; French v. Robrchord, 50 Vt. 43; Horton v. Baptist Church, 34 Vt. 315. The orator is under an independent liability to one of the claimants, and cannot maintain the bill.
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Appeal in Chancery. Heard on demurrer to the bill, at the September Term, 1902, Washington County, Watson, Chancellor. The orator without fault on its part is put in a position where it cannot determine, without hazard to itself, to which of the defendants the fund belongs. Cram v. McDonald, 23 N. E. 991; French v. Robrchord, 50 Vt. 43; Horton v. Baptist Church, 34 Vt. 315. The orator is under an independent liability to one of the claimants, and cannot maintain the bill. McClennan Inter-pleader, ii, 24, 154; Crawshcty v. Thornton, 2 Myl. & C. 1; Lincoln v. Railroad 'Co., 24 Vt. 639; Holmes…
1Opinion of the CourtStafford, J.
The city of Montpelier brings its bill of interpleader, and is met by demurrer. What the bill alleges is this: The city contracted with a firm in Massachusetts to build the city a school house for the price named. Before the ..house was completed, the firm' went into bankruptcy, and neither the firm nor its trustee in bankruptcy did anything moré under the contract; so the city went on and completed it as cheaply as it could, and, deducting from the contract price what it had already paid the firm and what it has since been obliged to pay to complete the work, it offers to bring into Court…
2Cases cited3 opinions
- Holmes v. ClarkSupreme Court of Vermont · 1873
- Wing v. SpauldingSupreme Court of Vermont · 1891
- French v. RobrchardSupreme Court of Vermont · 1877
3Cited by5 opinions
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Calloway v. MilesCourt of Appeals for the Sixth Circuit · 1929
- State v. RogersSupreme Court of Vermont · 1963
- Stevens v. RobinsonNew Jersey Court of Chancery · 1922
- Equitable Life Insurance v. JohnstonSupreme Court of Iowa · 1935