McSorley v. Coyle

Citations

• 40 Pa. Super. 560
• 1909 Pa. Super. LEXIS 639

Syllabus

<p>Interpleader — Petitioner for issue — IndeperuLent liability.</p> <p>1. The petitioner for an interpleader and an issue thereon must be free from any independent liability to either of the parties claiming the fund. If he has expressly acknowledged the title and right of one of them and agreed to hold the property for him, he is not an indifferent stakeholder.</p> <p>2. In an action upon a written contract it appeared that the plaintiff was the vendee of certain real estate, and that the defendants were the agents of the vendors for the management of real estate. On the real estate sold there was a municipal lien which could not be satisfied. The plaintiff, the vendors and the defendants entered into the contract in suit by which the vendors bound themselves to pay the lien in question when it became possible to pay it. It was also agreed that the defendants should hold funds of the vendors to satisfy the lien, and that when it became payable the defendants were forthwith to apply so much of the funds of the vendors in their hands as might be necessary to fully pay and satisfy the lien. The agreement was under seal. After the lien became due and payable the vendors notified the defendants that they had a counterclaim against the plaintiff growing out of a transaction in regard to another piece of real estate. The defendants applied for an interpleader which was refused, filed a demurrer which was overruled, and a judgment was entered against them for want of a sufficient affidavit of defense. Held, (1) that the application for the interpleader was properly refused, as there was a direct obligation by the defendants to pay the plaintiff if the lien was not satisfied; (2) that there was sufficient consideration to support the agreement as the plaintiff took the title relying upon the promise of the defendants to satisfy the lien; (3) that the set up of the counterclaim of the vendors in the affidavit of defense was insufficient to prevent judgment against the defen