The Superior Court of New York City May 25, 1885 (American Telegraph & Cable Co. v. Day)

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United States · · · 25-05-1885

By the Court.—Sedgwick, Ch. J.

I am of opinion that the order appealed from should be reversed. The defendant Day, in bringing the action against the plaintiff, exercised a legal right. The action should not be stayed, unless the plaintiff discloses some equity in its favor.

/ There is no such equity as is based upon principles that sustain actions of interpleader or in that nature.

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