Progressive Handlanger Union No. I. v. German Savings Bank — 57 N.Y. Super. Ct. 594

Majority

p. 594

PROGRESSIVE HANDLANGER UNION NO. I., Appellant, v. THE GERMAN SAVINGS BANK IN THE CITY OF NEW YORK, Respondent.

Headnote

Savings Banks, interpleading in action by depositor, persons not parties claiming the deposit under Laxos 1882, chap. 439, § 259.

Before Freedman and Ingraham, JJ.

Decided February 6, 1890.

Appeal from order of interpleader.

This action is brought to recover a certain sum deposited by the plaintiff with the defendant. The defendant on an affidavit showing that certain persons, naming them, not parties to the action, made a demand on it for the identical sum; that such demand was made without collusion of defendant or any of its officers, and that defendant was ignorant of the rights of the respective parties, moved to interplead the named parties. The judge at special term, on granting the motion, wrote as follows:—

“ Sedgwick, Oh., J.—The application should be granted under-§ 259, ch. 439, Laws 1882. That section contemplates that, as in the present case, an action of 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 deposit as a fund equitably belonging to the third person, and that in such a. case the section should be applied. I have a little

p. 595

doubt as to whether the claimant actually claims the whole of the deposit. If this be so, I am of opinion that the section will still apply. Motion granted.”

Goodhart, Phillips ■ & Rosenberg, attorneys and of counsel, for appellant.

Sanders, Wagner & Auerbach, attorneys, and Lewis Sanders of counsel, for respondent.

The order appealed from should be affirmed with $10 costs and disbursements upon the opinion rendered by the learned chief judge at special term.