55 N.Y.S. 561 | N.Y. Sup. Ct. | 1898
This action became one of interpleader and equity through the fact that one Thalheimer holding some moneys claimed by the plaintiff and also by the present defendants was allowed to pay the same into court and have substituted as defendants herein said present defendants.
One Hoffmeyer shipped from Chicago to said Thalheimer, at Syracuse, two lots of butter. He drew two drafts upon said Thalheimer for the value thereof claimed by him, being nearly $500. Upon said drafts and the -bills of lading for the butter so shipped as aforesaid he obtained from plaintiff the full amount of the drafts, less exchange, etc. -Plaintiff.having advanced the money upon the drafts and bills of lading forwarded the same through its correspondents to Syracuse for collection, but payment was refused by Thalheimer, upon the ground that the butter was not up to the agreed standard. Subsequently, however, he sold the butter and received the proceeds thereof, amounting to the sum of $416, which' has now been paid into court as aforesaid. While the proceeds of said butter either in the form of accounts or moneys were in his hands the defendants other than Austin obtained an attachment against Hoffmeyer which Austin as sheriff purported to levy upon such avails of the butter.
Various questions are raised in the case, but, in view of the decision reached upon the. principal one litigated, it will be unnecessary to consider the others.
It is claimed by the plaintiff that it discounted the drafts drawn by Hoffmeyer as aforesaid upon the strength of the bills of lading accompanying the same, and that by virtue thereof it became
Findings and judgment in favor of plaintiff, with costs, may be prepared and settled upon one day’s notice if not agreed upon.
Judgment for plaintiff, with costs.