256 A.D. 928 | N.Y. App. Div. | 1939
Order, as resettled, denying motion for an order dismissing the complaint for insufficiency, pursuant to rule 106, subdivision 5, of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. The action is maintainable in equity. A complete adjudication of the controversy requires the presence of the appellant as a party thereto. In effect, the action is to determine the rights of adverse claimants to a sum of money and is in the nature of an action of interpleader. Respondent, as a claimant,