MASSACHUSETTS MUT. LIFE INS. CO. v. GROSSMAN


4 F.Supp. 990 (1933)

MASSACHUSETTS MUT. LIFE INS. CO. v. GROSSMAN et al.

District Court, S. D. New York.

October 17, 1933.


Attorney(s) appearing for the Case

Cabell, Ignatius & Lown, of New York City (James M. Lown, of New York City, of counsel), for plaintiff.

Javits & Javits, of New York City (Selig J. Leviton, of New York City, of counsel), for Grossman, trustee.


WOOLSEY, District Judge.

The motion to dismiss will be granted on jurisdictional grounds unless plaintiff amends complaint within twenty days of entry of order hereon, and meantime the temporary injunction will remain in force.

I. An interpleader suit involving a trustee in bankruptcy is not an interference with, and cannot mature into any charge on, the assets, for it is merely an invitation to come in and get some more assets if the trustee is entitled thereto...

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