Slauson v. Woehlkins — 124 N.Y.S. 1130

Majority

p. 1130

SLAUSON, Appellant, v. WOEHLKINS, Respondent.

(Supreme Court, Appellate Division, Second Department.

July 29, 1910.)

Headnote

Action by Edward V. Slauson, as trustee in bankruptcy, etc., against Adolph Woehlkins.

Order reversed, with $10 costs and disbursements, and motion denied, with $10' costs, upon the ground, 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 , 109 N. Y. Supp. 1058 ); 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, but only a claim in equity against the plaintiff when he shall have collected such debt (Hanna v. Manufacturers’ Trust Co., 104 App. Div. 90 , 93 N. Y. Supp. 304 ); and, third, that the motion papers fail to disclose a reasonable demand made without collusion (Boskowitz v. Boskowitz, 124 App. Div. 849 , 109 N. Y. Supp. 490 ; St. John v. Union Mut. Life Ins. Co., 132 App. Div. 515 , 117 N. Y. Supp. 1077 ).

HIRSCHBERG, P. J., dissents.