Post v. Metropolitan Casualty Insurance

This is an action for a declaratory judgment brought under section 473 of the Civil Practice Act. The appeal is from an order denying defendant’s motion to dismiss the complaint. All facts alleged in the complaint must be taken as true. The facts are simple. Plaintiff Cherry is receiver of a railroad that is insolvent. Mortgages covering all its assets are now being foreclosed and there will be nothing left for unsecured creditors. All the other plaintiffs have causes of actions against said railroad, growing out of an accident. In another and companion action a judgment for $7,500 has…