Driggs v. Fundy Co.

¶1Order denying motion to dismiss plaintiff’s complaint affirmed, with ten dollars costs and disbursements. We think the action should be tried, and the question as to whether the judgment of foreclosure and sale is res adjudicata as to the bankrupt corporation, its trustee and its general creditors, determined after all the facts are before the court. Kelly, P. J., Rich, Jaycox, Manning and Lazansky, JJ., concur.