Salitan v. Magnus

The opinion of the court was delivered by

Clapp, S. J. A. D.

Defendants applied to the Superior Court, Law Division, for leave to join Magnus Harmonica Corporation, a bankrupt, and Andrew B. Crummy, Esq., its trustee in bankruptcy, as third-party defendants to this action, and to serve upon them a third-party complaint. In 1956 the referee in bankruptcy had authorized their joinder. However, the Law Division denied the application. We then granted leave to appeal.

The action is brought by the plaintiffs upon a guaranty executed by defendants in plaintiffs’ favor, guarantying the payment of…