Home Insurance Company, a New York Corporation v. Gene B. Burns, Dba Mr. Geno, Etc., Tom Barrett, Party-Defendant
Opinion
Opinion
On August 14, 1970, Home Insurance Company, plaintiff-appellant, filed an in-terpleader action against Gene B. Burns, dba Mr. Geno, and creditors of Burns who claimed proceeds of an insurance policy issued by plaintiff to Burns, and deposited $26,061.84 with the registry of the court. On October 5, 1970 the court entered an order requiring in-terpleader, enjoining defendants from instituting actions with respect to moneys due Burns from plaintiff, discharging plaintiff from further liability and setting October 26, 1970 for hearing plaintiff’s application for attorney fees.
On or about September 23, 1970 Burns was adjudicated a bankrupt. On October 26, 1970 an order was entered allowing defendant-appellee, Tom Barrett, Trustee in Bankruptcy, to intervene.
On November 25, 1970, pursuant to a motion filed by the Trustee on November 5, 1970, an order was entered setting aside the October 5, 1970 order; referring the case to the Referee in Bank ruptcy for determination of “the rights and priorities of the parties”; directing payment to the Referee of the funds deposited with the clerk; and granting “summary judgment for the defendant” trustee. There was no reference in this order to…