Hoyt v. Kolber

Lewis, J.,

This matter comes before the court on a rule to strike off defendant’s counterclaim.

Plaintiffs, a stock brokerage firm, brought suit on January 21, 1930, to recover an alleged debit balance in a trading account. On October 11, 1930, an affidavit of defense was filed. Two days previously, viz., October 9, 1930, an involuntary petition in bankruptcy was filed in New York against the plaintiffs. On October 14, 1930, the bankruptcy court in New York issued an .order restraining all persons from instituting or prosecuting any action or suit against the alleged bankrupts. On May 11, 1931,…