Majority
p. 42PROGRESSIVE HANDLANGER UNION v. GERMAN SAVINGS BANK. N. Y. Supreme Court; Special Term and Chambers, May, 1889.
Headnote
Interpleader of adverse claimant to savings lank deposit. ] An application by a savings bank to compel an adverse claimant of a deposit to interplead with the depositor, under L. 1882, c. 489, § 259, may be granted, although he does not claim the whole of the deposit.[1]
p. 43
Motion to compel interpleader.
The Progressive Handlanger Union No. 1 sued the German Savings Bank to recover a deposit of moneys made with the defendant.
Prior to the commencement of this action the Laborers7 Union Protective Society No. 12 made a demand upon the defendant for the funds in question.'
The defendant now moved that the Laborers’ Union Protective Society No. 12 be substituted as the defendant.
S. Kaufman, for the defendant and the motion.
Goodhart, Phillips & Rosenberg, for the plaintiff, opposed,
The application should be granted under section 259, chapter 439, Laws of 1882. That section contemplates that, as in the present case, an action at law may be brought by a person in whose name the account with the bank is, and then that a third person may claim the deposits as a fund equitably belonging to the third person,, and that in such a case the section should be applied.
I have a little doubt as to whether the claimant actually claims the wdiole of the deposit. If this be so, I am of the opinion that the section will still apply.
Motion granted.