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HERRUP v. STONEHAM

No. 19.

15 F.2d 49 (1926)

HERRUP v. STONEHAM et al.

Circuit Court of Appeals, Second Circuit.

October 18, 1926.

Attorney(s) appearing for the Case

Leo J. Bondy, of New York City (Charles H. Tuttle and Murray C. Bernays, both of New York City, of counsel), for appellants.

Kohlman & Austrian, of New York City (Carl J. Austrian and Saul Lance, both of New York City, of counsel), for trustee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

PER CURIAM.

The facts recited show that the trustee in bankruptcy does not think plaintiff has a cause of action against him, and plaintiff agrees with the assertion. The order complained of amounts to no more than a consent order of discontinuance as to the trustee. Why or how the persons, whom the plaintiff wishes to sue and has sued, can assert a right to keep the trustee as a defendant is hard to see.

A plaintiff can sue whom he likes at his peril; if...

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