Camp

Plaintiff instituted this action to recover the residue or balance of a loan fund remaining in defendant’s hands, the loan having been theretofore arranged for and negotiated by one George Phillips and wife to meet progress payments on certain improvement work undertaken by them. Plaintiff’s claim to this balance is founded upon what is described in the complaint as a “draft” drawn by Phillips and wife to the plaintiff’s order. It appears, however, that several other persons, including the assignee of Phillips and wife, had also made demand upon defendant for the two thousand dollars in controversy. Being unable to determine to whom it should pay this money, the defendant, in accordance with the requirements of section 386 of the Code of Civil Procedure, moved the court below, before answer filed, for an order discharging it from liability and dismissing it from the action, upon payment into court of the sum in dispute, and substituting as parties defendant in its place and stead all of the adverse claimants. From the order granting this motion the plaintiff appealed. This proceeding presents two motions, one by the original defendant and the other by one of the substituted…