Sammis v. L'Engle

Citations

• 19 Fla. 800

Syllabus

<p>1. An attorney having money collected for a client in his hands, which money is claimed by two creditors of such client, his client disclaiming any interest in favor of himself, the attorney not being so fully cognizant of the facts as to determine the right, may properly bring a bill seeking a decree against the creditors that they interplead and contest their respective claims between themselves.</p> <p>2. The practice upon answer and replication in an interpleading suit properly brought, is to decree the bill to be properly filed, to dismis the complainant with his costs uji to that time upon his placing the fund in the registry of the court, and to direct an action to be brought or an issue or a reference to ascertain and settle the rights of the defendant claimants to the fund as the case may require. In this case there was a reference which was proper.</p> <p>3. A cross bill setting up substantially the same facts as the answer, is inadmissible in an interpleader suit where the defendant can have all the affirmative relief he is entitled to without it under the decree of reference to ascertain his right.</p> <p>4. A debtor places a chose in action in the hands of his attorney, to whom he is indebted, with directions, not in writing, to collect and apply the proceeds, so far as necessary, to the payment of his debt. This is a particular assignment good in equity, and the assignee has an equitable right to enforce the debt at law in the name of the assignor. Such assignment places the chose in action beyond the control of the assignor, and is good against a subsequent assignment by him, or a subsequent attaching creditor.</p> <p>5. In a contest between an administrator and an alleged creditor of his intestate, the creditor is not under the statutes of this State a competent witness in regard to any transaction or communication between him- and the deceased unless such administrator is examined as to such transaction in his own behalf, or testimony of such dec