Opinion
October Term, 1900.
Order of Special Term, dated June 14, 1900, modified so as to read as follows, viz.: Ordered, that the prayer of the petition be and the same is hereby in all things denied, with ten dollars costs, unless the petitioner amends said petition and its complaint in the proposed action of interpleader, in such manner as to offer to pay into court the amount claimed by the receivers in their action upon the policy in question, viz., three thousand dollars, and interest thereon from April 23, 1900; and in case said amendment is made, leave is hereby granted to the petitioner, the Provident Savings Life Assurance Society of New York, to institute an action of interpleader in Erie county against Henry H. Persons and John R. Hazel, as receivers of the Bank of Commerce in Buffalo, Mary Helen Brown and Lizzie C. Thorne, individually and as executrix of the last will and testament of William B. Thorne, deceased; and as thus modified said order is affirmed, with ten dollars costs and disbursements, to be paid by the appellant to the respondent. All concurred.