93 N.Y.S. 238 | N.Y. Sup. Ct. | 1904
This is an action for interpleader with respect to a certain fund now on deposit with plaintiff and to which the several defendants make conflicting claims. The money" was remitted from Paris by the defendant Calvet-Rogniat through a firm of bankers and placed on deposit with plaintiff. The fact undoubtedly is that the money was transmitted as part payment of a subscription, to a much larger amount, which Calvet-Rogniat had previously made to a proposed issue of bonds by a corporation known as the United States Shipbuilding Company. Calvet-Rogniat claims that, by reason of certain facts in connection with the organization of said company which occurred or came to his knowledge after his subscription and remittance, he is entitled to have his money back. The defendant Commonwealth Trust Company, successor of the Trust Company of the Republic, claims to be entitled to receive the fund under the terms of the underwriting agreement whereby Calvet-Rogniat agreed as well with the shipbuilding company as with the plaintiff and with the other subscribers to the underwriting agreement that he would subscribe, receive and pay for a large amount of said bonds. The defendant John W. Young claims to be entitled to receive the money under an alleged assignment or order pur
Ordered accordingly.