
    PROGRESSIVE HANDLANGER UNION v. GERMAN SAVINGS BANK.
    
      N. Y. Supreme Court; Special Term and Chambers,
    
    
      May, 1889.
    
      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.
    
    
      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 statute, L. 1882, c. 409, § 259, is as follows: “ In all actions-in any court of this State against any savings bank by a husband to recover for moneys deposited by his wife in her own name, or as her own money, the wife may be examined and testify as a witness in like manner as if she were an unmarried woman. And in all actions-against any savings bank to recover for moneys on deposit therewith, .if there be any person or persons, whether husband or wife, or otherwise, 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 said action, by making such claimants parties defendant thereto ; and the said court shall thereupon proceed to hear and determine the rights and interests of the several parties to the said action in and to said funds. The said funds or deposits, which are the subject of the said action, may remain-with such savings bank, upon the same interest as other deposits of like amount, to the credit of the action, until the final judgment therein, and the same shall be paid by such savings bank in accordance-with the order of the court ; or the deposit in controversy may 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. The question of the costs in the actions referred to in this section shall, in all cases, be-in the discretion of the court, and may be charged upon the fund affected by such action ; and the statutes' limiting the time within which actions shall be commenced shall have no application to actions brought by depositors, their representatives or assigns, against savings banks for deposits made therein.”
      Tor the rules as to interpleader on motion, see 2 All. New Pr. & F 529, forms 1100-1114, where the practice is fully indicated.
    
   Sedgwick, Ch. J.

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.  