Progressive Handlanger Union v. German Savings Bank

23 Abb. N. Cas. 42

• Court: New York Supreme Court
• Decided: May 15, 1889
• Status: Published

Opinion

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.