Tynan v. Cadenas

Decided October 15, 1885

New York Supreme Court · decided 1885-10-15

The defendants, Cadenas & Coe., by a transaction had -with the plaintiff, Higuera, alone purchased, as they supposed, from-the firm of Juan E. Higuera & Company, 4,000 pounds of' “Picadura” tobacco. The plaintiff, Tynan, was unknown in the transaction. Before the defendants had paid for the tobacco* the plaintiff, Tynan, interposed a demand for its price and commenced an action against them demanding judgment therefor.

Decided 1885-10-15

Lawrence, J.

¶1“ The motions in these cases, why the plaintiffs in the respective actions should not interplead, &c., must be denied, with costs, on the authority of Sherman agt. Partridge (4 Duer, 646), and Trigg agt. Hitz (17 Abb. Pr., 436-9).”

¶2From the order entered upon this decision the defendants appealed.

Per Curiam.

¶3Order reversed on the rule stated in Baltimore Co. agt. Arthur (90 N. Y., 237-234, and sec. 820 of the Code of Civ. Pro.) Order directed for the interpleader of the plaintiffs in the two suits upon payment by the defendants into court of the sum of $480 with interest, with $10 costs and dis-' bursements of appeal to appellants.