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Gottschall v. German Savings Bank

City Court of New York, Special Term and Chambers
Aug 1, 1904
45 Misc. 27 (N.Y. City Ct. 1904)

Opinion

August, 1904.

Amend Amend, for defendant bank, for motion.

Delamare Morrison, for plaintiff, opposed.

M.S. I.S. Isaacs, for claimant, Mary Gottschall, opposed.


While this court has no jurisdiction to proceed with an action after the entry of an order of interpleader, under section 820 of the Code of Civil Procedure, it has power to grant a similar motion and proceed with the action under section 115 of the Banking Law, when the action is against a savings bank to recover money on deposit. This statute expressly confers power upon "the court in which the action is pending" to exercise this jurisdiction. The motion is granted except in so far as it seeks to compel the delivery of the pass-book at this time.

Motion granted except in so far as it seeks to compel delivery of pass-book at this time.


Summaries of

Gottschall v. German Savings Bank

City Court of New York, Special Term and Chambers
Aug 1, 1904
45 Misc. 27 (N.Y. City Ct. 1904)
Case details for

Gottschall v. German Savings Bank

Case Details

Full title:JOEL GOTTSCHALL, as Administrator, Etc., Plaintiff, v . THE GERMAN SAVINGS…

Court:City Court of New York, Special Term and Chambers

Date published: Aug 1, 1904

Citations

45 Misc. 27 (N.Y. City Ct. 1904)
90 N.Y.S. 896

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