Majority
p. 922Walter F. Trotter, as Receiver of the Property and Assets of Gilman-McNeill Company, Who Sues in His Own Behalf and in Behalf of All Other Creditors of the Defendant Iron Railway Company, etc., Appellant, v. Frederick J. Lisman and Others, Individually and as Copartners, under the Firm Name of F. J. Lisman & Co. and Others, Impleaded with Iron Railway Company, Respondent.
Headnote
- Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 14th day of May, 1912, sustaining a demurrer and dismissing the nomplaint.The judgment appealed from must be reversed, with costs, and the demurrer overruled, with costs, with leave, to the defendant to withdraw the demurrer and to answer on payment of costs in this court and in the court below, on the ground that the demurring defendant is a proper although perhaps not a necessary party to the action. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Judgment reversed, with.costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs.