Baskin v. Pass Et Al‪.‬

COX, Justice. This is a bill in equity to reach and apply money alleged to be due the principal defendant, Pass, hereinafter referred to as Pass, from Freed-Malins Electric Company, Incorporated, Charles Freed, and Samuel Malins, the amount of which was alleged to be in litigation in a suit in equity brought by Pass against the last named defendants. Pass alleged in his answer, among other things, that he had been and would be subject to great expense in prosecuting his claim against Freed and the others; that he owed his attorneys a large sum of money for legal services and other expenses; and he asked that all legal and other expenses that he might be put to in prosecuting his claim against Freed and the others be ascertained and ordered to be paid to his attorneys before the plaintiff should be allowed to reach and apply any funds that might be found due and payable by Freed and the others to him. The case was referred to a master who reported that Pass was indebted to the plaintiff in the sum of $2,036.27 with interest at ten per cent per annum from January 14, 1933. This finding, however, is not borne out by the subsidiary facts found by the master and will be dealt with later on.