Page:Federal Reporter, 1st Series, Volume 1.djvu/899

DENT V. RADMANN. 891 �the proceeds of a sale of Patterson's own draft upon himself, to the order of Tueker & Co., his agents. �I have thus far omitted to notice the effort made by 'Dent to defeat the claim of Janssen by showing a subse- quent assignaient of Eadmann's claim against Patterson, by Janssen, to Charles Graeff. It would seem to foUow, from the conclusion already announced, that the interest of Dent in the fund is conflned to the sumof $396.23; that Dent bas no standing in court to contest the claim of Janssen to the remainder of the fund. But, -without determining the right of Dent to dispute the claim of Janssen to this remain- der, it must be held to be competent for this court, when disposing of a fund in its registry, to require proof of the right of Janssen to any part thereof. I therefore notice the faot, proved by Dent, that Janssen, since the commencement of his suit, and on the twenty-seventh of January, 1879, assigned his interest in the said charter to Charles Graeff. In the assignment then executed by Janssen, however, no mention is made of the pending suit, and Graeff, when examined as a witness upon the trial, not only made no application to be made a party to this suit, but seemed to consider that Janssen retained some interest in the claim, notwitbstanding the ab- solute assignment by him. It is not seen how such an assign- ment can defeat the action of Janssen. It will, however, be proper that Graeff be afforded an opportunity to apply to be made a party to this proceeding by formai notice of the de- cree about to be entered herein before entering the same. Such notice wiU be directed upon the application of either party within five days from the date of this opinion. Upon service of such notice a decree will be entered, directing that out of the fund in court the libellant Dent be paid the sum of $396.22, less the fees of officers of court in his suit, in satisfaction, pro tanto, of the amount adjudged to be due him from Cari Eadmann, upon the charter of the steamship Groft, in the pleadings mentioned ; and that the remainder of the fund, less the fees of officers of court in the suit of Janssen, be paid to Janssen, or to Graeff, if his interest is made to ��� �