61 F. 401 | D. Del. | 1894
This is a bill in Die nature of a bill of interpleader, by which ihe plaintiff seeks projection and relief from the conflicting demands of the defendants. The material facts in the case are these:
Mary Ann Miller, the executrix of Lewis Miller, and one of the defendants herein, luis brought an action at law in this court against the plaintiff to recover the sum of $3.000, which is alleged to lie due to the estate of Miller under the terms of a writ ten contract between him and the plaintiff, dated January 14, 1892, whereby the plaintiff had agreed to pay to Miller that amount of money, as a license fee or royalty, for the right to construct a patented Taylor cotton press for Will W. Bierce, of the state of Alabama. The further sum of $212.40 is claimed by the executrix as a balance due to her husband’s estate for royalties on oilier cotton presses built by the plaintiff. John E. Taylor, being the inventor and sole owner of all the patents covering what, is known as “Taylor’s Steam and Hydraulic Cotton Press,” on the 23d of January, 1877, sold and assigned to Lewis Miller and William Boardmaii, each, one-third interest and share in and of these patents for all of the United States, excepting certain territory specifically reserved to the assignor. Prior to the making of this assignment, which was duly recorded, (he parties named therein had, on the 19th of December, 1876, entered into articles of agreement (tripartite), wherein it, was stipulated, among other things, Unit Boardman, in consideration of the assignment to him of a one-third interest in the patents, would advance to Taylor the sum of $25,000, and would also furnish to Lewis Miller such sums as the latter might require “to enable him to cany on the business of the concern.” The advance of $25,000 to Taylor was to be reimbursed to Boardman by Taylor out of Ms one-third of the profits. Miller, by way of payment for the one-
Will W. Bierce is indebted to the plaintiff in the sum of $9,901.41, with interest thereon, being a balance due and unpaid on a Taylor cotton press furnished by plaintiff to Bierce, and which the latter refuses to pay unless the plaintiff will deduct therefrom the sum of $3,212.40, claimed by Bierce as the assignee of Taylor. Bierce, as assignee of Taylor, has also brought a suit in equity, in the court of common pleas of Philadelphia, No. -, against Mary Ann Miller, the executrix of Lewis Miller, and Hannah E. Boardman, the administratrix of William Boardman, for an accounting of the moneys received by the estates which they, respectively, represent, by virtue of the agreement of December 19,1876, and of the assignment of January 23, 1877. In his bill, Bierce alleges that Miller and Boardman made large profits in operating the patents, to the one equal third part of which Taylor was entitled, but that neither Miller nor Boardman had ever rendered any account to Taylor, or to his assignee. Prior to the bringing of the action against the Pusey & Jones Company by Miller’s executrix, Bierce had notified the company that the sum of $3,212.40, claimed by the executrix, and for which she now sues, belonged to him, and cautioned the company not to pay the same to the executrix. The Pusey & Jones Company now tenders itself ready and willing to pay the said sum of $3,212.40 to Miller’s executrix, or to account for the same to Will W. Bierce, as this court may determine, and therefore prays that the defendants'may be decreed to interplead, and settle between themselves their respective rights or claims, and that in the mean time the executrix of Miller may be enjoined from prosecuting her action against the company. Mrs: Miller, the executrix, has appeared by counsel, and entered a general demurrer to the plaintiff’s bill. The subpoena was returned non est as to Bierce, and there has been no appearance for him.
The purpose of a bill of interpleader is to- compel the claimants of the same thing, debt, or duty from the party liable therefor, to litigate their respective claims between themselves; the party liable being under no independent liability to any of the claimants, and being merely in the position of a stakeholder, without interest
All of the items contained in the bill of particulars filed by the plaintiff in the pending action of Miller’s Executrix v. The Pusey & Jones Company are for debts incurred after the dissolution of the partnership between the owners of the cotton-press patents, and to none of which could Taylor, or his assignee, have any claim. The Pusey & Jones Company became indebted to Miller under an independent contract with him in respect to the patents, and the company is responsible only to Miller’s estate for whatever may be due under that contract, as- well as under other agreements made with Miller after the dissolution of the partnership. The argument