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People v. Metropolitan Surety Co.

135 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1912-05-28 English

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p. 1133
PEOPLE v. METROPOLITAN SURETY CO. BAUER, Respondent, v. YAWGER, Appellant.
(Supreme Court, Appellate Division, Third Department.
May 28, 1912.)

Headnote

Proceeding by the People of the State of New York against the Metropolitan Surety Company. In the matter of Leonhard Bauer, doing business as the L. Bauer Iron Works, claimant, against John F. Yawger, as receiver of the Metropolitan Surety Company.

Order reversed, with $10 costs and disbursements, and motion denied, without costs, on authority of People v. Metropolitan Surety Co. and Fleet v. Yawger, decided by the Court of Appeals, 98 N. E. 412 .

KELLOGG and HOUGHTON, JJ., dissent, on the ground that the rights of the claimant were fixed through the lien prior to the insolvency of the surety company.