Norton v. Union Trust Co. — 9 N.Y. St. Rep. 845

Majority

p. 845

FIRST DEPARTMENT, GENERAL TERM.

Filed June 18, 1887.

CECELIA L. NORTON, as Executrix, Resp’t, v. THE UNION TRUST CO. OF NEW YORK, App’lt.

Headnote

Interpleader—When motion fob should be granted.

Appeal from an order denying motion for interpleader.

Cromwell Q. Many, for pl’fE Williamson; Truman iff. Baldwin, for pl’ff Norton; Miller, Pedeham <& Dixon, for defendant.

From the facts disclosed upon the papers presented upon this appeal, it is apparent that the Trust Co., the defendant herein, cannot determine without hazard to itself to which of the parties claimant the subject matter of this litigation belongs. Under these circumstances under section 820 of the Code, it is entitled to be relieved from the litigation by depositing the money in court, so that the two hostile claimants may be allowed to litigate their respective claims.

Under the circumstances we think that the defendant should be relieved from this litigation and the other claimant brought in, and that therefore the motion for interpleader should have been granted.

Order appealed from reversed with costs of appeal, and motion and order for interpleader granted.