Dean v. McMullin — 147 N.Y.S. 1106

Majority

p. 1106

DEAN et al., Respondents, v. McMULLIN, Appellant, et al.

(Supreme Court, Appellate Division, Fourth Department.

May 6, 1914.)

Headnote

Action by Barnabas A. Dean and another against Fred S. McMullin, impleaded with others.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 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.

Cases cited

Baltimore & Ohio Railroad v. Arthur 90 N. Y. 234 N.Y. 1882-10-17 p. 1106