Ciechanowicz v. Bowery Savings Bank

WALSH, District Judge.

Plaintiff, a citizen of the U. S. S. R., claiming to be the named bene*368ficiary of a Totten trust, has brought this action to recover the fund in the hands of the defendant bank. Defendant, a New York citizen, wishes to inter-plead with plaintiff another claimant, one Artemy Yachnik, also a New York citizen, and to assert defenses against both. It moves, under F.R.C.P. rule 13 (h), 28 U.S.C.A. to add the second claimant, as a party defendant, and under F.R.C.P. 22(1) to interplead him and the present plaintiff. The motion is granted.

Plaintiff opposes, claiming that John…