Bank of California v. J. L. Mott Iron Works

Good Law
113 Cal. 409·1896 Cal. LEXIS 803·45 P. 674
Supreme Court of CaliforniaJuly 22, 1896S. F. No. 274California1,388 words

Opinion

Lead Opinion

McFarland, J.

The plaintiff, the Bank of California, brought this action against the J. L. Mott Iron Works, the West Coast Plumbing Supply Company, and S. A. Monsarratt, defendants. The plaintiff and the two defendants first above named are corporations. The plaintiff alleged that it had on deposit, and held as a banking corporation, six hundred and twenty-seven dollars, which was claimed by each of said defendants hostilely to each other. Plaintiff alleged that it had no interest in said money, and asked to be allowed to pay the same into court, and that said defendants be compelled to inter-plead and litigate their several claims to said money among themselves. The defendant, the West Coast Plumbing Supply Company, made default, and the said defendants, the Mott Iron Works and said Monsarratt, filed pleadings in which each claimed title to said money. They consented that plaintiff deposit said money in court, and be relieved from any further liability in the matter.

The plaintiff came into possession of said money in this way: A certain firm called J. L. Barker & Co. had executed its note to the said defendant, the West Coast Plumbing Supply Company, for five hundred and fifty dollars,…

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