Fogg v. Goode

Citations

• 78 Fla. 138
• 82 So. 614

Syllabus

<p>1. The office of an, interpleading suit is to protect one against the embarrassment of Conflicting claims and- double vexation in respect to one.liability..</p> <p>2. A stakeholder’s right of interpleader is subject to the technical requirement that the opposing claimant’s titles must be in privity with each 'other-, one derived from the other or both derived from a common source.</p> <p>8. Where claimants to a fund in the hands of a stakeholder assert their claims under adverse titles and not in privity and when their claims are of different natures, a bill of inter-pleader cannot be maintained.</p> <p>4. F. owed a debt to G. who died; the debt was evidenced by a promissory note payable to the order of G. and held by G.’s widow as Executrix of his Will; M. claimed the debt either as owner of half interest or as surviving partner of. G. Held, that F. was not entitled to an interpleader as .against ■G.’s executor and M.</p> <p>5. Where a bill of interpleader fails to show a title to the fund in one of the claimants the hill is defective.</p> <p>6. The person desiring an interpleader cannot force the claimant under a contract with the stakeholder to interplead with a stranger.</p> <p>7. The complainant in an interpleading suit cannot cast upon-the defendants or claimants of the fund the burden of settling the question as to which -of them the complainant obligated himself.</p> <p>8. A person seeking the advantages 'of ia bill of interpleader must show not only that he stands indifferent between the claimants, that he is without interest in the controversy, but also that he is in the position of an innocent stakeholder and that no act of his has caused the embarrassment of conflicting claims and the peril of double vexation.</p>