Newhall v. Kastens

• Decision Date: 30 September 1873
• Citation: 70 Ill. 156,1873 WL 8568
• Parties: FREDERICK W. NEWHALLv.LOUIS KASTENS et al.
• Court: Illinois Supreme Court

70 Ill. 156

1873 WL 8568 (Ill.)

FREDERICK W. NEWHALL

v.LOUIS KASTENS et al.

Supreme Court of Illinois.

September Term, 1873.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Cook county; the Hon. WILLIAM W. FARWELL, Judge, presiding.

This was a bill, in the nature of a bill of interpleader, filed by Frederick W. Newhall, against John Woolacott, Louis Reinhardt, Louis Kastens, and several others. The leading facts of the case may be found in the opinion of the court.

Mr. JOHN WOODBRIDGE, and Mr. GEORGE F. BLANKE, for the appellant.

Messrs. HAINES & TRIPP, for the appellees.

Mr. JUSTICE SCOTT delivered the opinion of the Court:

The only question presented by this record arises on the decision of the court sustaining the demurrer to the bill. While, perhaps, it is not strictly what is termed a bill of interpleader, it partakes of the nature of such a bill.

The facts alleged, on which relief is sought, are briefly as follows: In 1872, Newhall, complainant in the court below, made an agreement with Woolacott, one of the defendants, by which the latter was to erect for the former a brick structure, and furnish all the materials, for which he was to receive a stipulated sum. Woolacott sub-let the brick work to Reinhardt. The latter never completed his contract, but abandoned the work in an unfinished condition, and Woolacott was compelled to finish it up at his own expense.

After deducting from the amount Reinhardt would have been entitled to receive, had he fulfilled his agreement, the cash payments made to him, and what it cost to finish the work, there remained the sum of $399.52. This sum is still retained by Newhall, and it is claimed by both Woolacott and Reinhardt.

The other defendants named performed labor or furnished materials for Reinhardt, under his contract with Woolacott, and, having served notices on Newhall, claim a lien for the sums respectively due them, under the provisions of the Mechanic's Lien Law. A number of these parties have already commenced proceedings, to enforce payment of their claims, by establishing a lien therefor upon the property of Newhall, and it is alleged others threaten to do so.

This bill is to enjoin the prosecution of these suits, and have the several parties named as defendants interplead and settle their respective rights to the funds in the hands of complainant, which he alleges he is ready and desirous to pay as the court shall direct, and for relief against a multiplicity of suits to subject his property to the payment of the several sums claimed to be due.

It will be observed, it is alleged that Woolacott and Reinhardt both claimed the same fund in the hands of appellant, and the other defendants insist on having their respective claims satisfied out of his property. If no one other than Woolacott and Reinhardt were interested in the subject matter of this litigation, it is apparent it would be strictly a case where a bill of interpleader would lie. So far as they are concerned, there is but one fund in controversy, and in that appellant has no interest, and is anxious to pay it to whom it is in law due, and seeks the aid of the court to determine that question.

The case would come exactly within the definition given in the books, of an interpleader. Where two or more persons claimed the same fund or property, by different or separate interests, and another person does not know to whom it of right belongs, and as to which he is wholly indifferent as between them, he may exhibit a bill of interpleader as against them. The ground of jurisdiction is the apprehension of danger to himself from the doubtful and conflicting claims of the several parties, as between themselves; and the only decree he is entitled to, is, that his bill is properly filed, that he have liberty to pay the money or deliver the property to the party entitled thereto, and be thereafter protected from the several claimants. 3 Dan. Chan. Prac. 1754; Mitchell v. Hayne, 2 Sim. & Stu. 63; Bedell v. Hoffman, 2 Paige, 199.

Such a bill may be filed, though the party has not been sued at law, or has been sued by one, only, of the conflicting claimants, or though the claim of one is actionable at law and the other in equity; and it is apprehended the principle would be the same, whether the actions would be pending in the same court or distinct courts having concurrent jurisdiction. Richards v. Salter, 6 Johns. Chy. 445.

Mr. Story, in his work on Equity Jurisprudence, says: “Although a bill of interpleader, strictly so called, lies only where the party applying claims no interest in the subject matter, yet there are many cases where a bill in the nature of a bill of interpleader will lie by a party in interest to ascertain and establish his own rights, where there are other conflicting rights between third persons;” and the author cites a...