Michigan Supreme Court, 1876

Sprague v. Soule

Sprague v. Soule
Michigan Supreme Court · Decided October 13, 1876 · Marston, Other
35 Mich. 35; 1876 Mich. LEXIS 227

Sprague v. Soule

Opinion of the Court

Marston, J.:

A bill of interpleader is a bill filed for the protection of a person from whom several persons claim legally or equitably the same thing, debt, or duty; but who has incurred no independent liability to any of them, and does not himself claim an interest in the matter. — Adams’ Eq., 202. And it is essential, among other things that the party seeking relief has incurred no independent liability to either claimant.— Id., 204. In this case the bill alleges that *complainant incurred the liability under an express agreement with some of the parties against whom he now claims relief. *35Such being the ease he is not entitled to the relief he now seeks.

The decree dismissing the hill must he affirmed, with costs.

The other justices concurred.

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