Saba v. McElwaine

Citations

• 57 Pa. Super. 369
• 1914 Pa. Super. LEXIS 206

Syllabus

<p>Husband and wife — Interpleader—Wholesale liquor business — Claim by wife for liquors and cigars — Public policy.</p> <p>1. Where a husband conducts a wholesale liquor business in a building owned by the wife, and execution is issued on a judgment against the husband against wines, liquors and cigars on the premises and the wife of the defendant claims certain of the liquors and cigars which she had purchased subsequent to the creation of the husband’s debt to the plaintiff in the execution, there is no reason of public policy why the wife’s claim should not be adjudicated as to the liquor and cigars in interpleader proceedings as in the case of any other property.</p> <p>Interpleader — Sheriff’s interpleader — Form of verdict — Act of May 26, 1897,-P. L. 95.</p> <p>2. Where claimants in a proceeding under the Interpleader Act of May 26, 1897, P. L. 95, give a bond and take the goods, the value of the goods must be determined by the jury.</p> <p>3. A verdict in interpleader is erroneous in the following form: “In favor of the plaintiff and against the defendants for all the goods in dispute, excepting (certain specified articles) for which we find in favor of the defendants.”</p>