Dessau v. Johnson

The defendant Gallagher, in his supplemental answer' alleges that the plaintiff was duly adjudicated *5a bankrupt under the laws of the United States by the district court for the southern district of New -York, and that such proceedings were had that David Y. Arquimbau was appointed and qualified as assignee in bankruptcy of the plaintiff and all his property, and that the plaintiff has no interest in nor any right to maintain this action.

The matter alleged in the supplemental answer was proved on the trial, and upon that ground and others the defendant’s counsel asked for a dismissal of the…