GUNTHER against GREENFIELD

GUNTHER against GREENFIELD. Supreme Court, First District; Special Term, March, 1870. Parties.—Assignee’s Application fob Leave to Defend. An assignee in bankruptcy, applying to be made defendant in an action pending against the bankrupt for conversion of property, shquld show that he has some right to the property in question. Otherwise, he will not be admitted to defend the action. Motion on the part of Samuel A. Sawyer, assignee of Thompson Greenfield, a bankrupt, to be made a party defendant in each of two actions brought against Greenfield,—one by Gunther and the other by Reder. These actions were brought to recover the possession of certain tobacco, alleged to have been wrongfully taken and converted by the defendant Greenfield. The .tobacco was taken by the sheriff and delivered to the plaintiff: The defendant Greenfield appeared in these actions, and put in an answer denying the conversion. Shortly afterwards, proceedings were commenced in the United States district court "by one of Greenfield’s creditors, to have him declared a bankrupt; and in these proceedings he was adjudged a bankrupt, and Samuel A. Sawyer was chosen assignee in bankruptcy.! •The assignee in bankruptcy now made this applica-1 tion, upon an affidavit setting out the above facts. Goepp & Stern, for the assignee. James K. Hill, for the plaintiff Raeder. R. P. Lee, for the plaintiff Gunther. [MAJORITY — Ingraham, J.] Ingraham, J. The assignee should show that he" has some right to the property in controversy. There is no good reason for making him a party to a pro-, tracted litigation solely because his principal was guilty of a conversion of property, or some similar act, without showing there is good reason for supposing he has some right to the property. ' I Motions in both cases are denied, with leave to renew upon other papers, and paying costs of this motion.'