Majority
p. 618Chester H. Bond and Others, Copartners Doing Business under the Firm Name and Style of A. C. Smith & Co., Respondents, v. George J. Northrup and Others, Defendants. Samuel B. Goodman, as Receiver in Supplementary Proceedings of Frederick M. Kaiser, One of the Defendants, Appellant.
Order denying motion of receiver for an order impleading him as a party defendant reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We are of opinion that, in view of the receiver’s title to the debtor’s property, and the failure of the debtor to defend, the receiver should be given the opportunity of testing the validity of the liens on the trial. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.