Commentaries On the Law of Bailments

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From this description of interpleader at the common law, it is obvious, that, with the exception of cases of the find- ing of goods, it is confined to cases where there is a privity be- tween the parties. So that the remedy is not only restricted to actions of detinue, but falls far short of adequate relief, even in actions of that sort. Courts of equity are more liberal in granting relief, not only when suits are brought at law, but when they are threatened. But the relief even here is not, pe...rhaps, in all cases, coextensive with the mischief; for the claim in each case must be of the same nature, or for the same duty, and be founded in privity.^ At least, the claim must grow out of some transaction, in which the defendant is a mere stakeholder, or bailee, and disconnects himself from any tort in regard to the conflicting titles.^ § 113. It would seem, that the civil law and the French law • do not exactly limit the rights of the bailee in the same manner as our law, in cases requiring an interpleader by third persons.

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