Progressive Handlanger Union v. German Savings Bank

7 N.Y.S. 3, 1889 N.Y. Misc. LEXIS 908

• Court: The Superior Court of the City of New York and Buffalo
• Decided: May 13, 1889
• Status: Published

Opinion

Sedgwick, C. J.

The application should be granted, under section 259, c.

409, Laws 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. 1 have a little doubt as to whether the claimant actually claims the whole of the deposit. If this be so, I am of the opinion that the section will still apply. Motion granted.