Hahlo v. Cole
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Bi Cole, from an order-of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of January, 1906, substituting the trustee in bankruptcy as a party plaintiff in place and stead of the individuals who have been adjudged bankrupts during the pendency of the action.
1Opinion of the Court
Laughlin, J.:
The former plaintiffs in' this action were copartners, and they instituted the action upon a firm account' for stock sold and delivered to the defendant. Subsequent to the commencement of the action the plaintiffs were duly adjndgéd bankrupts by decree of the United States District Court for the southern district of .ISTew York, and the respondent Burritt was duly appointed trustee in bankruptcy, The motion for substitution was opposed upon the ground that the trustee failed to show that he had been authorized by the. Federal court to intervene in the action. The objection Was…
2Cases cited3 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Baer v. . McCulloughNew York Court of Appeals · 1903
- Callahan v. IsraelMassachusetts Supreme Judicial Court · 1904
3Cited by12 opinions
- Paradise v. Vogtlandische Maschinen-FabrikCourt of Appeals for the Third Circuit · 1938
- Danciger v. SmithCourt of Appeals of Texas · 1926
- Pennsylvania R. v. International Coal Mining Co.Court of Appeals for the Third Circuit · 1909
- Kessler v. HerklotzAppellate Division of the Supreme Court of the State of New York · 1909
- Northeastern Real Estate Securities Corp. v. GoldsteinNew York Court of Appeals · 1937
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