Progressive Handlanger Union No. 1 v. German Savings Bank

Headnote

Interpleader—Actions for Deposits.

Laws FT. Y. 1882, c. 409, § 259, providing that, in all actions against any savings bank to recover a deposit, any person claiming the same fund, and strangers to the action, may be made parties thereto on defendant’s petition, and that on payment of the money into court the bank shall be stricken out as a party, and be relieved of responsibility for the fund, applies to an action against a savings bank for a deposit which had been previously demanded' by a third person, whether such third person claims the whole of the deposit or not.

Appeal from special term.

Action by the Progressive Handlanger Union Ho. 1 against the German Savings Bank to recover deposits made with defendant. The Laborers’ Union Protective Society Ho. 12, prior to the commencement of the action, had made a demand upon defendant for such funds. Laws H. Y. 1882, c. 409, § 259, provides that “in all actions against any savings bank to recover for moneys on deposit therewith, if there be any person or persons * * * claiming the same fund, who are not parties to the action, the court in which such action is pending may, on the petition of such savings bank, and upon eight days’ notice to the plaintiff and such claimants, make an order amending the proceedings in such action, by making such claimants parties defendant thereto. * * * The deposits which are the subject of said action may remain with such savings bank, * * * or be paid into court to await the final determination of the action, and when so paid into court the corporation shall be stricken out as a party to such action, and its liability for such deposit shall cease. ” Defendant moved to substitute the Laborers’ Union Protective Society Ho. 12 as defendant. Motion granted, and from the order entered thereon plaintiff appeals.