Majority
p. 896(45 Misc. Rep. 27.) GOTTSCHALL v. GERMAN SAV. BANK IN CITY OF NEW YORK. (City Court of New York, Special Term. August, 1904.)
Headnote
1. Interpleader—Jurisdiction—City Court of New Yobk.Though the City Court of New York cannot, after entry of an order of interpleader under Code Civ. Proc. § 820, proceed with the action, it can grant an interpleader, and proceed, when the order is granted under Banking Law, Laws 1892, p. 1896, c. 689, § 115, and when the action is to recover money on deposit; the statute expressly conferring such power.
Action by Joel Gottschall, administrator, against the German-Savings Bank. Motion by defendant for an order substituting Mary Gottschall as party defendant.
Motion granted.
Delamare & Morrison, for plaintiff.
Amend & Amend, for defendant German Savings Bank.
M. S. & I. S. Isaacs, for claimant- Mary Gottschall.
While this court has no jurisdiction to proceed section 820 of the Code of Civil Procedure, it has power to grant a similar motion and proceed with the action under section 115 of the banking law (Laws 1892, p. 1896, c. 689), when the action is against a savings bank to recover money on deposit. This statute expressly confers power upon “the court in which the action is pending” to exercise this jurisdiction. The motion is granted, except in so far as it seeks to compel the delivery of the passbook at this time.
Motion granted, except in so far as it seeks to compel delivery of passbook at this time.