Newhall v. Kastens

Citations

• 70 Ill. 156

Syllabus

<p>1. Interpleader—when bill lies. Where two parties are each claiming the same fund or property in the hands of a third person, by different or separate interests, and such third person does not know to whom it of right belongs, and as to which he is wholly indifferent as between them, he may exhibit a bill of interpleader against them.</p> <p>3. Same—ground of jurisdiction and decree. The ground of jurisdiction is the apprehension of danger to the party exhibiting the bill, to himself, from the doubtful and conflicting claims of the several parties, as between themselves; and the only decree the plaintiff is entitled to, is, to have liberty to pay the money or deliver the property to the party entitled thereto, and be thereafter protected from several claimants.</p> <p>3. Same—lies whether suits me brought or not. Such a bill may be filed, though the party holding the disputed fund has not been sued at law, or has been sued by one, only, of the conflicting claimants, or though the claim of one is actionable at law and the other in equity, and it is thought the principle would be the same whether the actions are pending in the same or different courts having concurrent jurisdiction.</p> <p>4. Same—bill in the nature. The owner of premises contracted with A to erect thereon a building, and to furnish all the labor and materials, for a certain price. A sub-let a portion of the work to B, who never completed his contract, so that A was compelled to finish it at his own expense, and, after deducting from the amount that would have- been due B had he completed his contract, the payments made to him and what it cost to finish his work, there remained the sum of §399.52, which both A and B claimed. The owner filed a bill, in the nature of a bill of inter-pleader, against A and B, also making the persons who performed labor and furnished materials for B parties defendant, who claimed liens, and some of whom had brought suits: Held, that the owner had a clear right to file