¶1 reads for reversal of so much of the judgment of General Term as gives judgment absolute for defendant Waterman, and for granting a new trial.
¶2 All concur.
¶3 Judgment accordingly.
63 N.Y. 657
Graves v. . Waterman
Decided January 18, 1876
New York Court of Appeals · decided 1876-01-18
This was an action in the nature of a bill of interpleader. Plaintiff is the surviving executor of Chandler Root, deceased. Held: that the decision of the referee was erroneous, the court stating the rule, or rather the exception to the general rule, as above, citing Ayliffe v. Murray (2 Atk., 58); Morse v. Royal (12 Yesey, Jr., 355); jDavouev. Fanning (2 J. Oh., 252,258); Hunter v. Atkins (3 M. & K., 113, 135).
Cited by 2 later decisions — most recently March 1918
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1876-01-18
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