Cogswell v. Armstrong

Citations

• 77 Ill. 139

Syllabus

<p>1. Interpleader—nature of the MU. A bil.I of interpleader is ordinarily exliibited where two or more persons claim the same debt, duty or other thing, from the plaintiff, by different or separate interests, and lie, not. knowing to which it ought to be rendered, fears he may suffer injury from their conflicting claims, and therefore prays that they may be compelled to interplead and state their several claims, so that the court may adjudge to whom the debt, duty or other thing belongs.</p> <p>3. Same—party filing can not contest the right to the fund he brings into court. Where a party owes a debt, or has a fund in his hands, and files a bill of interpleader against different claimants of the same, he will have no right to enter into a contest for a portion of the fund, as belonging to himself.</p> <p>3. Same—effect of default. Where a bill of interpleader is filed against two claimants of the same debt, which the plaintiff owes, and one of the defendants fails to interplead and set up his claim, but is defaulted, the default will amount to a confession that he has no claim to the money, and the party filing the bill will have no right to dispute the claim of the other party' who interpleads and sets up his claim to it, or to object to a decree in his favor.</p>