Order To Show Cause

On the annexed affidavit of Frederick Lake verified..................

...................and on all the papers and proceedings herein, it is hereby

Ordered, that the plaintiffs and George Murray, doing business under the name of Geo. Murray Realty Co.2 show cause before the Municipal Court of the City of New York, Borough of..................................

District, at the Court Room thereof, No........in the Borough of.........

................of the City of New York on the................day of ....19 ... at .nine o'clock in the forenoon, or as soon thereafter as counsel can be heard, why an order should not be made and entered herein permitting the defendant to deposit with the court the sum of $93.75, and substituting the said George Murray doing business under the name of Geo. Murray Realty Co. in his place as a party defendant in this action, and discharging the defendant from liability to either the plaintiffs in this action or the said George Murray doing business under the name of Geo. Murray Realty Co. upon the payment into court of the said sum of $93.75 or to such person or persons as the court may direct; and that the said George Murray doing business under the name of Geo. Murray Realty Co. be required to appear in this action to answer the complaint herein, in the same time that the defendant herein is required to answer the summons, and that the money so paid into court by the defendant herein shall be paid to the plaintiff in case of the failure of said George Murray to appear and answer, and for such other and further relief as may be just.

1 See Ch. xxxv. The italicized portions of this form are those which vary with the particular conditions.

2 The other broker who claims the commission.

And it appearing that there is sufficient reason for same, service of a copy of this order and of the annexed affidavit on the said George Murray and on either one of the plaintiffs herein, on or before...................

19...., shall be sufficient service and notice.

Dated,........................19....

J. M. C.

Form 50. - Motion for Interpleader. Supporting Affidavit.1

Municipal Court of the City of New York,

Borough of .......................................... District.

John S. Robins and Henry A. Robins, a copartnership trading under the firm name and style of John S. Robins,

Plaintiffs, against

Frederick Lake,

Defendant.

Affidavit.

State and City of New York

Borough of.....................'

County of......................

Ss.:

Frederick Lake, being duly sworn, says: I am the defendant above-named; the summons and complaint herein was served on me on...........

....... 19.... and the return day thereof is......................19...

(State the facts of the controversy, as for instance:) The action is brought to recover a commission for the exchange of certain premises which I owned on Mott Avenue, Union Terrace, Queens County, for certain premises owned by the Decker Construction Company on Perry Street, Wyckoff Park, Queens County. The plaintiff claims to be entitled to the sum of $922.50 commission for the exchange of the aforesaid premises. A written contract for the exchange of the aforesaid premises was entered into and signed by me and the said Decker Construction Company, which contract is dated.........19....in the presence of one George Murray, who does business under the name of

Geo. Murray Realty Co. who has a real estate office at...................

.................................. in the Borough of.................and who makes a similar claim for commissions for the exchange of the said premises. Said George Murray is not a party to this action, and makes a demand against me for the same debt as the plaintiff, without collusion with me, and I am ready and willing to pay the aforesaid sum of $92.50 or the sum of $93.75, which is the proper computation of said commission, as a commission for the exchange of said premises, to the person rightfully entitled thereto. I cannot safely determine to which of said claimants this money should be paid, and I am ready and willing to pay the same into court upon such terms as to costs and payments into court of the amount of said claim as may be just and directed by this court, upon my being discharged from liability to either claimant, and said George Murray doing business under the name of Geo. Murray Realty Co. being substituted as defendant in this action in my place.

1 The italicized parts of this form are suggestive and will vary with the conditions.

I therefore ask for an order to show cause why an order should not be made permitting me to deposit with the court the sum of $93.75 and substituting the said George Murray doing business under the name of Geo. Murray Realty Co. in my place as a party defendant in this action, and dis charging me from liability to either the plaintiffs in this action or to said George Murray doing business under the name of Geo. Murray Realty Co. or to such person or persons as the court may direct, and that the said George Murray doing business under the name of Geo. Murray Realty Co., be required to appear and do appear in this action to answer the complaint therein in the same time that I am required to answer the summons, and that the money so paid into court by me shall be paid to the plaintiffs in case of the failure of the said George Murray to appear and answer, and for such other and further relief as may be just.

I therefore ask that the order to show cause to be made herein be made returnable on..................19........ for the reason that I have been informed by my attorney and believe that an order for an interpleader must be obtained before the return day of the summons in the action, and that service of a copy of said order to show cause and of this affidavit on the said George Murray and on either of the plaintiffs herein on or before....

................19... .shall be sufficient service and notice.

Sworn to before me this: ............day of...........19___

Form 51. - Order of Interpleader.

Municipal Court of the City of New York,

Borough of................................... District.

John S. Robins and Henry A. Robins, a copartnership trading under the firm name and style of John S. Robins,

Plaintiffs, against

Frederick Lake,

Defendant.

On reading and filing the affidavit of Frederick Lake, verified..........

..........19.... and the order to show cause dated.....................

19.. . .with proof of the due service thereof as required by said order, and on all the papers and proceedings herein, and the plaintiffs appearing by ......................, their attorney, and George Murray appearing by .................., his attorney, and after hearing...................., attorney for the defendant, in support of the motion

Ordered, that the defendant be permitted to deposit with the Clerk of this Court the sum of $93.75 and that upon the payment of such sum as aforesaid on or before..................19.... the said George Murray doing business under the name of Geo. Murray Realty Co. be and he hereby is substituted as defendant in this action in the place of said defendant

Frederick Lake and that the said Frederick Lake be, and he hereby is thereupon discharged from liability to either the plaintiffs in this action or the said George Murray doing business under the name of Geo. Murray Realty Co. on account of the cause of action for which this action is brought; and it it is further

Ordered, that the said George Murray doing business under the name of Geo. Murray Realty Co. be, and he hereby is required to appear in this action to answer the complant herein in the same time that the above-named defendant Frederick Lake is required to answer the summons, and that the money so paid into Court by the defendant Frederick Lake, shall be paid to the plaintiffs in case of the failure of said George Murray to appear and answer.

Dated,......................19___

J. M. C.

Form 52. - Complaint after Interpleader.1

City Court of Brooklyn.

CHARLES B. RODNEY and GEORGE T. STEPHENS,

Plaintiffs, against

The Ridgway Driving Club,

Defendant.

Supplemental Complaint.

The supplemental complaint of the plaintiffs respectfully shows to this Court:

I. That at the times hereinafter mentioned, the plaintiffs were and still are copartners in trade, as real estate agents and brokers, doing business as such in the City of Brooklyn, under the firm name and style of Rodney and Stephens.

II. That on or about the first day of April, 1910, the plaintiffs rendered certain services to one James Bunnell, at his request, as such real estate agents and brokers in and about the selling of certain property situate on the Eastern Boulevard and Kings Highway in the Town of Utrecht, Nassau County, for which services the said James Bunnell agreed to pay plaintiffs the sum of $2,000 as commissions.

III. That no part of said sum has been paid although payment thereof has been demanded.

IV. That upon application of said James Bunnell and upon notice thereof to the parties hereto, an order was made by this court dated the 19th day of July, 1910, by which it was among other things ordered that the defendant, the Ridgway Driving Club be substituted as defendant in this action in place of said James Bunnell, as by reference to said order will more fully appear.

Wherefore, plaintiffs demand judgment against the defendant for the sum of two thousand dollars, with interest thereon from April 1, 1910, besides the costs of this action.

Doyle & Marshall,

Plaintiffs' Attorneys, Office and Post Office Address:

4 and 5 Court St., Brooklyn, N. Y. (Duly verified.)

1 See Form 47 supra.