Lowry v. Downing Manufacturing Co.

Citations

• 73 Fla. 535
• 74 So. 525

Syllabus

<p>1. A bill of interpleader lies in cases where the complainant alleges that he has i'funds in his hands in which he claims and has no interest and to which the defendants set up conflicting claims and the complainant brings the fund into court and prays that the defendants contest it between themselves, the complainant not being in collusion with either of the defendants and is unable to decide between them.</p> <p>2. If any facts exist which are not shown by the bill of inter-pleader but which constitute a valid reason why the bill should not lie, they are matters of defense and may be set up by answer.</p> <p>3. A married woman upon whose property a house was built under a contract whereby the builder agreed to furnish all material and labor, may on default of the contractor bring into court the amount due him under the contract and maintain a bill of interpleader against conflicting claimants of the fund.</p>