Mahro v. Greenwich Savings Bank
Appellate Terms of the Supreme Court of New York
Appeal from order of the City Court of Now York, General Term, affirming order denying application of the defendant to inter-plead one Charles Mahro as defendant. The plaintiff brought suit in the City Court of New fork against the defendant, a savings bank,, to recover the amount of a deposit in her name.
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Appeal from order of the City Court of Now York, General Term, affirming order denying application of the defendant to inter-plead one Charles Mahro as defendant. The plaintiff brought suit in the City Court of New fork against the defendant, a savings bank,, to recover the amount of a deposit in her name. The .defendant, upon a petition alleging “that one Charles Mahro, who is not a party to this action, has made a claim against your petitioner for the money deposited by the said Amelia Mahro, which is the same fund which this action is brought to recover, and has claimed and claims that the…
1Per curiam
We must reverse the order appealed from, and grant the defendant’s motion for leave to bring in the party named in the petition. The order of the General Term and Special Term are reversed. It appears from the record that this application was disposed of by the General Term'and by the Special Term of the City Court on the theory that it was an, application for interpleader; whereas it was a motion under chapter 682 of the Laws of 1S92, providing that in all actions against any savings bank to recover for moneys on deposit therewith, if there be any person or persons, not parties to the…
2Cited by4 opinions
- Community Volunteer Fire Co. v. City National BankNew York Supreme Court · 1939
- McKeown v. Bank for SavingsCity of New York Municipal Court · 1898
- McKeown v. Bank for SavingsCity of New York Municipal Court · 1898
- Quinn v. Bank for SavingsAppellate Terms of the Supreme Court of New York · 1904