Mercantile Deposit Co. v. Dimon — 79 N.Y. Sup. Ct. 638

Majority

p. 638

The Mercantile Deposit Company, Appellant, v. Charles L. Dimon, as Administrator, etc., Respondent.

Headnote

Order reversed and motion for continuing injunction granted, with ten dollars costs and disbursements of this appeal, and ten dollars costs of motion in court below to abide final event of action.—

It satisfactorily appears to us that the Mercantile Safe Deposit Company cannot with safety to itself deliver the property, the subject-matter of this action, to either of the claimants. Therefore, it has a right to maintain this action of interpleader and be protected from other claimr ana litigations in respect to this property. The order appealed from should be reversed and the motion for continuing the injunction granted, with ten dollars costs and disbursements oí this appeal, and ten dollars costs of tlie motion m the court below, to abide the final event of the action. *