In Abegg v. People's Trust Co., 58 App Div 611, 68 N.Y.S. 755 [1st Dept 1901], the plaintiff appealed an order granting the defendant trust leave to deposit funds in court.

The First Department reversed, reasoning that "it does not appear that all of the parties who have made claims to, or are interested in, the fund held by the trust are parties to the action, or had notice of the application." 58 AD at 611.

The Court held that "the trust company could not, in the absence of notice to all parties claiming the fund, relieve itself from the liability to pay to the proper one by making the deposit as here sought." Id.