If the deposit is in the name of the real owner, he, of course, may sue or his assignee. If the depositor is dead, the personal representative should sue. It seems that the true owner of the deposit may sue the bank without joining the depositor.1 If the deposit was made by the husband in his wife's name, but not as a gift to her, and she be dead, the husband may sue without joining her representative.2 Similarly a deposit made in escrow to be paid to a third party may be sued for by the depositor without joining the third party.3 A deposit by a man as agent may be sued for by him even where a suit is required to be brought by the real party in interest.4 A trustee may sue in his own name, either joining the beneficiary or not.5 Joint deposits to be drawn upon a joint check must be sued for by the partners jointly;6 but a joint deposit of collaterals upon a debt after the debt has been paid does not give a joint right of action for the collaterals; each one must sue for his own collaterals.7 Where the depositor has an action against the stockholders, the parties defendant must be determined according to the right given by the statute.8

5 Farmers' Bank v. Planters' Bank, 10 Gill & J. 422.

6 Bank of Ma v. Benoist, 10 Mo. 519.

7 Carroll v. Cone, 40 Barb. 220.

8 Bank of Mo. v. Benoist, 10 Mo. 519. Contra, Downes v. Bank of Charleston, 6 Hill (S. C), 297.

9Goodell v. Brandon Nat. Bank, 63 Vt 30&

10 Brown v. McElroy, 52 Ind. 404; Howell v. Adams, 68 N. Y. 314; Munger v. Albany Nat. Bank, 85 N. Y. 580; Bellows Falls Bank v. Rutland Co. Bank, 40 Vt, 377. The demand is good if on bank examiner in possession. First Nat Bank v. Strang, 28 I11. App. 325. The same rule applies to special deposits, but none is needed if a conversion has taken placa Monmouth Bank v. Dunbar, 19 Bradw. 558.

11 August v. Fourth Nat. Bank, 1 N. Y. Supp. 139.

12 Watson v. Phoenix Bank, 8 Met. 217.

13Ferguson v. Bank, 25 Kan. 333.

14 The action would be debt or assumpsit, unless, of course, it is necessary to enforce a trust or some other equitable right.

15 Fultz v. Walters, 2 Mont 165.

Compare Chosen Freeholders v.

Newark City Bank, 48 N. J. Eq. 51.

1 Walsh v. National Broadway

Bank, 33 N. Y. Supp. 998.