Tolk v. Weinsten

Gregory, Justice:

The respondents instituted this action to recover certain textile machinery. This appeal is from an order denying appellants an extension of time in which to answer and finding the machinery to be the property of respondents. We reverse.

The question at issue concerns the effect of restraining orders issued by a bankruptcy court in New York in a state action instituted by respondents to recover the machinery.

The record reveals that respondents delivered certain textile machinery to appellants on or about June, 1969. Respondents commenced this action by service of a Summons and…