139 N.Y. 237 | NY | 1893
The contract upon which the certificate of stock was placed in the hands of the defendant, as bailee, was never performed by Work, Pfeiffer and Macfarlane, and upon the facts found the plaintiff was entitled to a return of the certificate. The only defense which the defendant urges in answer to the claim of the plaintiff for the surrender of the certificate is that a judgment against him in this action will not conclude Work, Pfeiffer and Macfarlane in any suit they may hereafter bring against him as bailee. The fact that a party may possibly be subjected to a double recovery in the same matter in suits by adverse claimants is not a reason for denying relief to a party who comes into court alleging and proving his right to the thing demanded. The defendant may ordinarily protect himself by bringing a suit in the nature of a bill of interpleader, making the different claimants parties. (Ball v. Liney,
The judgment should be affirmed.
All concur.
Judgment affirmed. *240