11 N.Y.S. 144 | N.Y. Sup. Ct. | 1890
This action was brought by the plaintiff for inter-pleader concerning 100 shares of the capital stock of the Mann Boudoir Car Company. The complaint alleged the copartnership of the plaintiffs, the incorporation of the American Exchange in Europe, the appointment of a receiver of the exchange, the incorporation of the defendant the American Loan & Trust Company, and the fact that the defendant Grant was sheriff of the city and county of Hew York prior to the 1st of January, 1839. The complaint then alleges the making of certain promissory notes by one Eugene D. Mann and W. D. Mann, and the indorsement and delivery thereof to the American Exchange, and that the Agawam Hational Bank became the owner thereof; that the notes were not paid at maturity, and actions were brought upon them and judgments recovered, and executions issued to the sheriff of the city and county of Hew York, which executions are still outstanding and unsatisfied; “that, prior to the delivery of the two notes to the American Ex
It seems to be assumed upon the part of the counsel that this is either a bill, of interpleader or a bill in the nature of interpleader. Unless this concession had been made, it might be doubtful as to whether this complaint could ne construed as a bill in the nature of an interpleader, and, considering the pleading as it has been construed by the counsel in their presentation of this appeal, we do not see how the action can be maintained. The plaintiffs did not stand indifferent as between the defendants. They have assumed a contractual relation to the sheriff; have agreed to hold the stock for him; have alleged that the sheriff has made a valid levy upon the stock, and that they are holding the same as receiptors. They are therefore bailees thereof,, and we do not understand that where such a relation exists such bailees cam. compel other parties to come into court and litigate their claims with theirr bailor. The plaintiffs have voluntarily placed themselves in this position»