Engel v. Morris Plan Industrial Bank

Byrnes, Ch. J.

This is a motion to dismiss the action for lack of jurisdiction.

Initially this was an action at law, being a suit by plaintiff to recover moneys on deposit with the Morris Plan Industrial Bank of New York, the original defendant. An adverse claim was presented to that bank by Home and Hospital of the Daughters of Israel, Inc., and also by another person, and these adverse claimants were interpleaded upon application of the bank, which deposited the money in court.

Thus the case has been transformed into a suit in equity. (Clark v. Mosher, 107 N. Y. 118; Newark Fire Insurance Co.…