
    Mary Walsh, Resp’t, v. The Bowery Savings Bank, App’lt.
    
    
      (New York Common Pleas, General Term,
    
    
      Filed February 3, 1890.)
    
    Appeal—Leave to go to court op appeals—Banks.
    When a bank, after notice of a claim to a deposit by an assignee, pays the money to the depositor's administrator, it will not be allowed to go to the court of appeals for the purpose of having the question of law as to the contractual force of its rules limiting and defining its relations to its depositors definitely settled.
    Motion for leave to appeal to the court of appeals.
    
      Norwood & Coggeshall, for motion; W." H. Begua, opposed.
    
      
       See 28 N. Y. State Rep., 402.
    
   Bookstaver, J.

The ground on which the appellant nowseelcs to go to the court of appeals, to wit, to have the question of law with reference to the contractual force of the rules of the appellant limiting and defining the relations of the defendant to its depositors definitely settled, is not sufficient to warrant the .granting of the motion and the continuance of this litigation at the expense of the plaintiff, who had given the bank ample notice of the plaintiff’s claim before it paid the money to the depositor’s administrator. The dilemna in which it now finds itself is one of its own creation. When the administrator made his demand, it could have refused payment to him on the ground of plaintiff’s claim, and then waited until one or the other commenced an action to recover the amount, when it could have brought in the other claimant, or notified him or her of ■the action, and required the one not suing to defend, instead of which it took the responsibility of determining to which it would q>av, and must abide by the result.

The motion will, therefore, be denied, with ten dollars costs.

Bischoff, J., concurs.  