Where two brokers claim the commissions for the same sale of land an interpleader will be awarded at defendant's instance. Dreyer v. Rauch, 3 Daly (N. Y.), 434, 42 How, Pr. 22; Shipman v. Scott, 12 Civ. Proc. R. 18 (N. Y.), 14 Daly, 233. Contra, Brooke v. Smith, 13 Pa. Cir. Ct. R. 557, 2 Pa. Dist. C. R. 767, 33 Weekly Notes Cas. 74. In an action by a real estate broker to recover commissions on a sale of property, defendant is entitled to an interpleader, where another broker claims commissions for the sale of the same property to the same purchaser on different terms. Shipman v. Scott, 14 Daly 233 (N. Y.).

In an action by a broker to recover commissions for selling land, it appeared that the vendor had paid another with knowledge of the broker's claim; there was no error in an instruction that the vendor was protected by the law, which authorized him to pay the money into court and compel the broker and the other claimant to litigate their rights, since the Code of Civil Procedure, Section 820, provides that a defendant may, where a person not a party to the action makes a demand against him for the same debt or property, apply for an order to substitute that person in his place, and to discharge him from liability to either, on his paying into court the amount of his debt. Bickart v. Hoffman, 19 N. Y. S. 472.

In an action by a broker for commissions on a sale of land, where another broker claiming the same commissions is substituted as defendant for the principal, he having paid the commissions into court, the principal's statement to one of the brokers, in the other's absence, that the absent broker had no authority to sell the land with a builder's loan, is properly excluded. Shipman v. Frech, 1 N. Y. S. 67.