SMITH v. SMITH


308 N.Y. 665 (1954)

Sophia A. Smith, Appellant, v. Isidor A. Smith, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Charles Gottlieb and Benjamin Bernstein for appellant.

Ralph D. Ray and Edward R. Neaher for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FULD, JJ., concur in Per Curiam opinion; FROESSEL, J., dissents in an opinion; VAN VOORHIS, J., taking no part.


Per Curiam.

The question whether there may be a dual burden of proof in the usual interpleader case, so that neither party may recover unless he sustains the burden of establishing his claim, is not presented by the present case — which was tried before a jury by consent of both parties and was otherwise treated as an action at law in replevin. In any event, in the present case there are only two possible owners...

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