Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.

Majority

p. 913

Knickerbocker Trust Company, as Trustee, Respondent, v. Oneonta, Cooperstown and Richfield Springs Railway Company and Others, Defendants. Henry W. Dean and Others, Respondents, and Daniel M. Lounsbury and Others, Appellants.

Motion for leave to go to the Court of Appeals granted and questions certified as follows: First. May a defendant without the service of an answer by himself require a determination of the ultimate rights of himself and a codefendant as between themselves on an answer demanding such determination served on him by such codefendant? Second.- Did the Special Term under the pleadings and proof herein properly render a judgment determining as between the defendants the ownership of the bonds?