with a due proportion of the accrued interest

── with a due proportion of the accrued interest ── Court: Supreme Court of New Hampshire Date: <p>Two Bills in Equity. The first is a suit to enforce a resulting trust; the second, a bill of interpleader. Both suits were heard at the April term, 1915, of the superior court by Sawyer, J., who made a decree in favor of the plaintiff in the first bill, and to this decree the defendant Cady filed a bill of exceptions.</p> <p>The plaintiff Barrett (hereinafter referred to as the plaintiff), is the administrator of John C. Evans appointed March 28, 1914. John died June 17, 1906, intestate, leaving a widow, Janette, and a child by a previous marriage, Zoe M. Evans, surviving. The defendant Cady (hereinafter referred to as the. defendant) was appointed April 23, 1913, administrator of Janette, John’s widow, who died the same month, leaving three heirs. Cady, as administrator, came into possession of a bank book of the Gorham Savings Bank in Janette’s name, the first deposit upon which was $1,000 made March 2, 1906. The book showed withdrawals June 13, 1906, $45.43, July 24, 1906, $254.57; and deposits in 1908 and 1909, making the balance, exclusive of interest, $885.60. The dividends credited made the amount due on the book at the time of the filing of plaintiff’s bill $1,144.67, exclusive of a deposit of $85.75 made by Cady as administrator. Cady, as administrator, also took possession of certain personal property including silverware, all of which was appraised at $35, which sum, together with the said deposit, comprises all the property that has come to his possession.</p> <p>The plaintiff’s bill alleged that the deposit of $1,000 made in the name of Janette, March 2, 1906, was the money and property of John, and that it was deposited in the name of Janette on the understanding that it would be held in trust by her for John, subject to his control, and also claimed, as John’s, certain of the personal property in Cady’s possession as administrator of Janette, and alleged that there are certain outstanding bills due from John’s estate. The prayer of the bill was that a resulting trust be decreed in favor of John’s estate and that the defendant be ordered to pay the funds thereof to the plaintiff.</p> <p>Cady’s answer admitted that the original deposit was John’s money but alleged that it was paid over to Janette by him either as compensation for care and services rendered his father at John’s request or as a gift from John to Janette. Barrett was permitted to testify! subject to exception, that about three weeks before John died at Barrett’s house, he overheard John and Janette talking the matter over and from their talk learned that it had been agreed between them that the money should be deposited in the Gorham Savings Bank in Janette’s name for the convenience of John because he was in poor health; and that he had planned to go to Portland, Ale., where he expected to buy a lodging house, in which event he would use the money deposited in Janette’s name to pay for it. Barrett also testified that John did go to Portland shortly after the deposit was made to look over a lodging house but did not buy it. The court found that the testimony of Barrett correctly stated the arrangement between John and Janette whereby the money was deposited in her name.</p> <p>John had promised to give his daughter, Zoe, $200 to assist her in establishing herself in business and after John’s death Janette paid her. $200 of the $254.57 withdrawn July 24, 1906. Thereafter, when Zoe was about to be married, she asked Janette for $200 more which was refused. Later she borrowed from and repaid to Janette the sum\ of $25. The $45.43 withdrawn June 13 Author: <p>A bill of interpleader cannot be maintained where the plaintiff can determine the right between the conflicting claimants without hazard to himself Category: and to the denial of his motion made after the close of the-hearing that the bill be dismissed because of lack of equitable-jurisdiction which motion was denied subject to exception.</p>"