219 A.D. 825 | N.Y. App. Div. | 1927
We axe of opinion that the judgment, in so far as it finds that the judgment creditors Kerr Steamship Company, Inc., Indemnity In urance Company of North America, and Benjamin Harris, as receiver of the property of Frank Auditore, had or have no rights in the fund in issue here, must be reversed. The finding “ that the plaintiff is entitled to the balance of the said fund ” should be reversed, because the defendants mentioned were erroneously prevented from giving evidence of their counterclaim setting up ownership of the fund. The