Sprague v. Soule

35 Mich. 35 | Mich. | 1876

Marston, J.:

A bill of interpleader is a bill filed for the protection of a person from whom several persons claim legally or equitably the same thing, debt, or duty; but who has incurred no independent liability to any of them, and does not himself claim an interest in the matter. — Adams’ Eq., 202. And it is essential, among other things that the party seeking relief has incurred no independent liability to either claimant.— Id., 204. In this case the bill alleges that *complainant incurred the liability under an express agreement with some of the parties against whom he now claims relief. Such being the ease he is not entitled to the relief he now seeks.

The decree dismissing the hill must he affirmed, with costs.

The other justices concurred.