Citation Numbers: 97 N.Y.S. 234
Judges: Greenbaum
Filed Date: 12/28/1905
Status: Precedential
Modified Date: 9/9/2022
It is undoubtedly true that the issue between the plaintiff and the defendants in an action of interpleader is whether or not the plaintiff is entitled to a judgment of interpleader, and that upon the trial of that issue the judgment of the court will be either a dismissal of the bill, or that the plaintiff have judgment as. prayed for, and the parties defendant be required to join issue between themselves. City Bank v. Bangs, 2 Paige, 570, 573; Republican Fire Ins. Co. v. Keogh, 23 Hun, 644. In this case, however, the parties
By this practice it would become unnecessary to direct issues to be made between the defendants, as they have already been made. Under the circumstances, I deem the action at issue as between the defendants, and allow the motion for a commission.
Settle order on notice.