Camp

Motion to dismiss. Plaintiff brought this action to recover from the Oakland Mortgage & Finance Company the residue or balance of a loan fund remaining in its 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, and accepted for payment by the drawee when the fourth payment on the loan should fall due and subsequent to the filing of the notice of completion of building. Several other persons having made demand for the balance remaining in its hands under the loan arrangement, and being unable to determine to whom it should pay the same, the Oakland Mortgage & Finance Company, 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 in its place' and stead all of the adverse claimants. From the order…