Paugh v. Delaware County Trust, Safe Deposit & Title Insurance

Citations

• 62 Pa. Super. 523
• 1916 Pa. Super. LEXIS 464

Syllabus

<p>Interpleader — Equity—Act of March 11,1886, P. L. 777 — Bill in equity treated as petition for interpleader.</p> <p>Where a bank is sued by the administrator of a deceased depositor for the amount of a deposit, and another person claims the deposit, and a hill in equity for an interpleader is filed under the Act of March 11, 1836, P. L. 777, containing all the material essentials of the act, the court may direct the equity proceeding to he certified to the law side of the court to the number and term of the ease wherein the hank was sued, and it then may treat the bill as a petition for an interpleader, and grant the interpleader and award a feigned issue.</p> <p>In such a case the plaintiff in the action of assumpsit has no standing to object that the other claimant to the fund had not been personally served with the rule to appear and answer, and especially so if the record shows that he was present in court and represented by counsel.</p>