United States v. Essex Trust Co.

SWEENEY, District Judge.

This action was commenced by the United States to recover a deposit in the defendant bank standing in the name of John Carnes, a deceased veteran. The administrator of the estate of Charles Carnes, son of the veteran, has intervened, and claims the same deposit. The defendant’s answer contains a counterclaim in the nature of an interpleader alleging, in substance, that it has no interest in the fund, and offers to pay whomever the court designates as the proper owner of the deposit, and asks for its costs and attorney’s fees.

There are two questions involved: (1) Was…