Full text
Edward V. Slauson, as Trustee in Bankruptcy of Salvator Brewing Company, Bankrupt v. Adolph Woehlkins
Order reversed, with ten dollars costs arid disbursements, and motion denied, with ten dollars costs; upon the grounds; First, that it does not- appear that any notice of the motion was given to the alleged claimant (Bullowa v. Provident Life & Trust Co., 125 App. Div. 545); second, that if the party added as defendant has any claim, it is not for the debt or property which is the subject-matter of this action, hut only a claim in equity against the plaintiff when he .¿hall have collected such - debt (Hanna v. Manufacturers’ Trust Co., 104 id. 90); and third, that the motion papers fail to disclose a reasonable demand made without collusion (Boskowitz v. Boskowitz, 124 id. 849; St.
John v. Union Mutual Life Ins. Co., 132 id. 5l5). Woodward, Jenks, Burr and, Thomas, JJ., concurred;. Hirschberg, P. J., dissented.