Wherever conflicting claims are made upon the bank by different persons, the bank has the undoubted right to compel the parties to interplead and relieve it of the necessity of contending with either.1 When an action is brought by a third party against the bank for the deposit, the bank performs its duty to the depositor by giving him full and timely notice and requiring him to defend the action.2

2 Davis v. Lebanon Co. Sav. Bank, 53 Mich. 163.

3 Ullrich v. National Bank (Cal.), 37 Pac. R. 500.

4 McLaughlin v. First Nat Bank, 6 Dak. 406.

5Munnerlyn v. Augusta Sav. Bank, 88 Ga. 333.

6 Rand v. State Bank, 77.N. C. 152.

7 Henelly v. Rittenhouse, 7 D. C. 76

8Wadsworth v. Hocking, 61 I11. App. 156. Here the party suing was not required to join those who had transferred their stock, though not in a manner required by the articles of incorporation. In former sections the persons to be sued as stockholders upon the liability to creditors has been considered. See Sec. 58, ante, et seq., for the liability upon the stock subscription and the liability for debts. Deposits are, of course, debts of the corporation.

1 Foss v. First Nat. Bank, 3 Fed. R. 185; Dreschied v. Exchange Bank, 28 W. Va. 340; Ullrich v. National Bank, 37 Pac R. 500.

2 Detroit Sav. Bank v. Burrows, 34 Mich 153