Rosevele Frocks, Inc. v. Sommers

The judgment creditor appeals from an order which granted the motion of the trustee in bankruptcy to vacate a third party order served on the respondent bank in supplementary proceedings.

It appears that the appellant recovered a judgment against the debtor on February 11,1942; that on May 16,1939, the debtor opened a savings account with the bank, and that certain moneys stand there to the credit of the account. On July 13, 1940, the debtor filed a petition in bankruptcy and was adjudicated a bankrupt and on July 25, 1940, the respondent Haberkorn was elected trustee in said bankruptcy and…