Du Bois v. Union Dime Sav. Inst.
New York Supreme Court
Appeal from special term, New York, county. Action by Lavinia A. Du Bois against the Union Dime Savings Institution to recover certain moneys on deposit with defendant. From an order denying a motion to substitute Ellenora H. Decker in place of defendant savings institution, said institution appeals. Affirmed.
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Appeal from special term, New York, county. Action by Lavinia A. Du Bois against the Union Dime Savings Institution to recover certain moneys on deposit with defendant. From an order denying a motion to substitute Ellenora H. Decker in place of defendant savings institution, said institution appeals. Affirmed. Prior to July 31. 1886, William F. Du Bois deposited with the defendant, to the credit of “William F. Du Bois, in trust for Louisa Du Bois,” various sums, amounting, with the accumulation of interest, on said date to $4,086.50. This account, and the corresponding pass book, were…
1Opinion of the CourtFollett, J.
This is not an action brought by the bank against the two rival claimants of the sum on deposit to compel them to inter-plead, but it is a motion made, pursuant to section 820 of the Code of Civil Procedure, by the bank, the defendant in two actions brought by the claimants, to substitute Ellenora H. Decker, the plaintiff in the first action, now pending in the superior court, as a defendant in the place of the bank in the second action brought by Lavinia A. Du Bois against it. Lavinia A. Du Bois consents that Ellenora H. Decker be substituted as defendant in the place of the bank in this…
2Cases cited15 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- Yates v. TisdaleNew York Court of Chancery · 1837
- Fargo v. ArthurNew York Supreme Court · 1872
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3Cited by3 opinions
- Scheffer v. Erie County Savings BankNew York Court of Appeals · 1920
- Connecticut General Life Ins. Co. of Hartford v. YawDistrict Court, W.D. New York · 1931
- Mason v. RiceAppellate Division of the Supreme Court of the State of New York · 1903