Dezouche v. Garrison

Citations

• 140 Pa. 430
• 21 A. 450
• 1891 Pa. LEXIS 856

Syllabus

<p>1. A defendant who applies for an interpleader under the act of March 11, 1836, P. L. 77, must be a mere stakeholder, must have no interest in the subject matter of the suit, must admit his liability for the whole of the plaintiff’s demand, and must offer to bring the goods or money into court, or to dispose thereof as the court shall order.</p> <p>2. It is too late, after the case is at issue, for the defendant to make his application for an interpleader; a fortiori, when the case has proceeded to judgment for the plaintiff, the defendant cannot have the right of recovery, thus adjudicated, tried over again, by bringing in the claimant of an adverse right which was available as a defence to the action.</p> <p>(a) An alleged bailor of goods having recovered judgment for their conversion against the bailee, the latter applied for an interpleader between the plaintiff and the claimant of an adverse right to the goods, available as a defence to the suit. The petition did not disclaim interest in the subject-matter of the action, though averring that the defendant was a stakeholder of the money recovered, etc.:</p> <p>3. Whether the application be regarded as made under the common-law practice, or the practice under the act of 1 & 2 Will. IY., or under the act of March 11,1836, P. L. 77, or under the practice in equity, it could not be sustained, as, in any aspect, the features essential to the existence of a right to an interpleader were lacking, and an order for an issue was properly refused.*</p>