Jordan v. Clarence J. Lavin & Pilgrim Trust Co.

Keniston, G. J.

The plaintiff is seeking to charge the trustee upon its answer as trustee, its answers to interrogatories propounded to it by the plaintiff and upon supplementary allegations of fact filed by the plaintiff neither admitted nor denied by the trustee, the plaintiff having obtained a finding against the principal defendant upon which he has received nothing.

The writ in the action is dated December 12, 1938 and was served twice upon the trustee, the first service being made at 10:34 a. m., on December 13, 1938 and the second service on December 30, 1938. Thereafter the trustee…