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WHITE & SONS v. LOEW

283 A.D. 1 (1953)

Wm. A. White & Sons, Respondent, v. Elias M. Loew, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1953.

Attorney(s) appearing for the Case

John E. Higgiston, Jr., of counsel (Newman & Bisco, attorneys), for appellant.

Clarence S. Barasch of counsel (Alexander Pfeiffer with him on the brief; Pfeiffer & Crames, attorneys), for respondent.

PECK, P. J., DORE, COHN, CALLAHAN and BOTEIN, JJ., concur.

Per Curiam.

In this action for a brokerage commission, defendant has been denied interpleader of another broker making claim to a share of the commission, upon the ground that the two brokerage claims are not "for the same debt" within the meaning of section 287 of the Civil Practice Act.

The situation presented is an unusual one and not clear because of the equivocal statement of the second broker's claim. We...

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