Georgia v. Brailsford (2 U.S. 415)/Dissent Blair

by John Blair (1732–1800)

Blair, Justice.My sentiments have coincided, ’till this moment, with the sentiments entertained by the majority of the Court; but a doubt has just occurred, which I think it my duty to declare.

I do not conceive, indeed, that any judgment, can be binding upon the rights and interests of a third person, who is not a party to the suit. The very nature of a bill of Interpleader pre-supposes, that the party by whom it is exhibited, would be liable a second time, if he should either voluntarily, or otherwise, pay the money which he owes, to a wrong claimant. A judgment would not, therefore, in such a case, be a bar to the action of the claimant, who is legally entitled; and who might either bring Detinue, or Trover, for the bond, against the possessor of it; or if he instituted an action of debt against the obligor, the Court might on a proper hearing, order the instrument to be delivered into his hands.

Presuming, then, that there was a remedy at law, I have hitherto thought that there was no ground for the interference of this Court, as a Court of Equity. But, upon reflection, it appears, that if Brailsford, who is a British subject, should get the money, under the present judgment, and leave the country, there would be great danger of a failure of justice. It was for this reason, that the Injunction was originally granted; and I think the reason ought to carry us still farther. Admitting that Georgia has a complete remedy at law; her right, though not supported by herself, has been stated to the Circuit Court; and though the judgment in that case is not binding upon her, yet, in any future suit brought by her against Spalding, who is bound by the judgment, a similar difficulty will arise; for, the Court would then be called upon to decide, in the absence of Brailsford (who could not be a party to the common law suit) upon his claim, as well as upon the claim of Georgia.

Since, therefore, there is no other Court, that can bring all the parties before them, and do general and complete justice, it is my opinion, that the bill in equity ought to be sustained; and that the subject should be no further referred to a Court of law, than to obtain an opinion upon the legal title to the debt in controversy.