Majority
p. 930Barnabas A. Dean and Another, Respondents, v. Fred S. McMullin, Appellant, Impleaded, etc.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the amount of the claim being disputed by plaintiffs, they were not entitled to an order of interpleader. (Baltimore & Ohio R. R. Co. v. Arthur, 90 N. Y. 234 .) The amendment to the Code of Civil Procedure by chapter 285 of the Laws of 1908, adding section 820a, did not change the rule of law in that respect. All concurred.
Cases cited
- Baltimore & Ohio Railroad v. Arthur 90 N. Y. 234 p. 930