61 A.2d 866 | Pa. | 1948
The question raised by this appeal is whether under the Pennsylvania Rules of Civil Procedure interpleader is precluded because defendant subjected himself to independent liability to plaintiff?
On November 14, 1946, the defendant, The Housing Corporation, a Pennsylvania corporation (hereafter called Housing), entered into a contract with P. K. Woodcrafting Company, Inc. (hereafter called Woodcrafting) and Steve Demko for the erection of 500 houses on its land in Allegheny County. On November 15, 1946, Housing agreed with McCrady-Rodgers Company, plaintiff in this suit and now the appellant, as follows:"Upon certification of the delivery of the materials andauthorization of payment by the P. K. Woodcrafting Company *277 and Steve Demko we will pay McCrady-Rodgers Company the amountsthat have been certified as correct." Plaintiff furnished materials to Woodcrafting from November 1946 to April 1947 on invoices certified by Woodcrafting and Demko to defendant, amounting in March and April to $25,424.19, for which suit is brought. On March 17, 1947, Woodcrafting assigned all moneys due it from defendant Housing to Brookline Savings and Trust Company; on April 19, 1947, Woodcrafting assigned to plaintiff $25,424.19 out of any moneys due it from defendant; on September 6, 1947, the court appointed Ernst Ruth as receiver for Woodcrafting. The bank and the receiver notified Housing (defendant) to pay no moneys to Woodcrafting; the receiver demanded payment in full for all instalments of the construction contract, without deduction of the payment claimed by plaintiff from defendant. Defendant has not admitted liability on the claim of plaintiff. On these facts the court below granted the petition for interpleader from which order this appeal is taken by the plaintiff.
Prior to the adoption by this Court of the Rules of Civil Procedure, effective January 22, 1940, reported in 335 Pa. xxxiv, a defendant was required to disclaim all interest in the action before he could obtain an interpleader. See note to Rule 2303, xxxv. See Fisher v. Stevens Coal Company,
Appellant asserts that defendant did subject itself to independent liability to plaintiff. It relies on Snedaker Co.v. Wayne Title Trust Company, *278
The order is affirmed. Costs to abide the event.