Kline v. Mohr

Interpleader by Bailee—Pledge op Note without Notice op Part Interest—Former Adjudication—Enporoement op Pledge against Part Owner.—In an action of interpleader brought by a bailee of moneys paid by the maker of a note, between one who took as pledgee of the note from the payee and one who claimed as owner of a part interest in the note held by the payee, a final judgment in a former action by the pledgee to enforce the pledged note, and other notes, in which such claimant of a part interest intervened to enforce his rights against the pledgee, and in which the court found that the pledgee took from the payee without notice of such part interest, and held the whole note as security for other notes for sums in excess of the whole amount found due upon the pledged note, and that such claimant was entitled to nothing as against the pledgee on account of the amount found due thereon against the maker, is res adjudicata as between the pledgee and such claimant.

Id.—Appeal prom Judgment—Compromise op Pledgee with Maker— Payment op Larger Sum.—Where the judgment became final as between the pledgee and the part owner, the latter cannot claim any interest in a compromise made between the pledgee and the maker of the note by which, in consideration of a dismissal of an appeal by the pledgee as against the maker, the maker paid an amount in excess of the judgment in favor of the pledgee against the maker.