Gottschall v. German Savings Bank

45 Misc. 27, 90 N.Y.S. 896
CourtNew York City Court
DecidedAugust 15, 1904
StatusPublished
Cited by1 cases

This text of 45 Misc. 27 (Gottschall v. German Savings Bank) is published on Counsel Stack Legal Research, covering New York City Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gottschall v. German Savings Bank, 45 Misc. 27, 90 N.Y.S. 896 (N.Y. Super. Ct. 1904).

Opinion

Seabury, J.

While this court has no jurisdiction to proceed with an action after the entry of an order of interpleader, under 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, 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 pass-book at this time.

Motion granted except in so far as it seeks to compel delivery of pass-book at this time.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Friedman v. North Side Savings Bank
170 Misc. 7 (Appellate Terms of the Supreme Court of New York, 1938)

Cite This Page — Counsel Stack

Bluebook (online)
45 Misc. 27, 90 N.Y.S. 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottschall-v-german-savings-bank-nycityct-1904.