Page:Federal Reporter, 1st Series, Volume 2.djvu/21

 14 FEDERAL REPORTKB. �BaixjEt V. The New Yoek Savings Bank and another. {Cireiiit Court, 8. D. New York. April 24, 1880.) �Kek_*tai,— Necessaby Pakty to Suit — Savings Bank — Act of Mauch 3, 1875.— An action was brought bya widow residing in New York to reoover moneys deposited by her late husband, as trustee, in a New- York savings bank. On petition of the bank, under a statute of the state, (Laws 1875, c. 371, p. 401,) the alleged executer of the decedent, resident in Connecticut, was made a party defendant. The bank subse- quently put in an answer, setting up that it could not ascertain which of the two claimants was entitled to the moneys ; averred its readiness to pay them to the person lawfully entitled tliereto ; asked for a stay of proceedings until a legal representative of the estate of the decedent should be appointed and made a party to the action ; and prayed that, when ail the parties necesaary to render the judgment of the court a protection to it should have been brought in, such parties might inter- plead and settle their rights among themselves, and that such bank might pay the moneys into court to await the final determination of the action, and be stricken out as a party to the action, and ita liability for the said moneys thereupon cease. Edd, that until the moneys had been paid into court, and its liability for the deposit had ceased, the bank was a necessary party to the suit ; and, therefore, under the cir- cumstances ot the case, the cause could not be removed from the state court under section 2 of the act of March 3, 187S. �Motion to remand. �Francis N. Bangs, for motion. �Charles G. Beaman, Jr., contra. �Blatchfobd, C. J. This suit was originally brought in the supreme court of New York by the plaintiff against the New York Savings Bank. The complaint put in in the state court demanded judgment against the bank for $25,000, and inter- est and costs. It prayed no other relief. The claim sued on was made under an alleged right of the plaintiff to moneys which her deceased husband, Benjamin Bailey, had on de- posit in the bank at the time of his death in the name of "Benjamin Bailey, trustee." �The bank is a savings bank incorporated under the laws of New York. By section 25 of the act of the legislature of New York, passed May 17, 1875, (Laws 1875, c. 371, p. 408,) it is provided as follows : "In ail actions against any savings bank, to recover for moneys on deposit therewith, if there be any ����