186 A.D. 718 | N.Y. App. Div. | 1919
The action is brought.to recover the possession of certain boxes of shoes of the value off $70,000. The defendant, appellant, is a domestic corporation engaged in the warehouse business under the General Business Law. The goods in question were placed on storage with, the defendant on or about May 5, 1918, by the Standard Forwarding Company, Inc., and the appellant, at the request of the Standard Forwarding Company, Inc., issued its negotiable warehouse
As to that part of the motion which asks for the inter-pleading of the Standard Forwarding Company, Inc., the Standard Forwarding Company, Inc., makes no claim whatever to these chattels. The authority to interplead only exists where a claim is made by the party sought to be interpleaded. The Standard Forwarding Company, Inc., upon this application renounces any claim that it might have to these chattels and states that in making the deposit with the defendant for storage it acted purely as the agent of the plaintiff. The motion, therefore, to interplead the said company was properly denied.
I am of the opinion further that the motion for a stay was also properly denied. This motion is to stay the plaintiff from disposing of the property taken under the replevin process, until the negotiable receipt be returned, or an order of the court be furnished under section 100 of the General Business Law (Consol. Laws, chap. 20; Laws of 1909, chap. 25), which provides for a delivery to an owner who has lost a negotiable receipt, by an order of the court upon which is required to be given an indemnity bond. The granting of the stay asked for is the determination of the issues of the action. The defendant can clearly answer the plaintiff’s complaint by alleging the proper issuance of this negotiable receipt and its loss. It appears upon the papers that the plaintiff claims that the defendant improperly issued this receipt to the Standard Forwarding Company, Inc., knowing
I, therefore, recommend an affirmance of the order, with ten dollars costs and disbursements.
Clarke, P. J., Dowling, Page and Shearn, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.