Owen v. Apel

Citations

• 68 Ill. 391

Syllabus

<p>1. Interpleader—-jurisdiction of cross-bill. On bill of interpleader against A and B, to have it determined to whom money in the hands of plaintiff belonged, each of the defendants claimed the same, and one of them filed a cross-bill, setting up that there was a much larger sum in the plaintiff’s hands collected by him as an attorney, and praying for a discovery and an account. It was urged that the court had no jurisdiction of the cross-bill, and could not give relief under it: Held, that the court had jurisdiction, and that the cross-bill was properly filed, as it related to the subject matter of the bill of interpleader, and was necessary to bring all the equities of the parties before the court.</p> <p>3. Mosey paid por another—right to recover for same. Where a party, after the sale of a note by him, pays money in costs in a suit to collect the same, without the request of the purchaser, and with a view of appropriating the money due on the note, when collected, to his own use, he will have no claim on the owner of the note for the money so paid by him.</p>