Legal Opinion · Dissent

In re The People

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1937Published

1Dissent

Dore, J. (dissenting).

This appeal presents the issue whether a claim made under a bond given pursuant to subdivision 7 of *240section 54 of the Workmen’s Compensation Law is entitled to preference and priority. In my opinion the learned Special Term correctly ruled that the court should seek the object and purpose of the parties in.the language of their contract rather than in formulas applied in other cases. (Brown v. Bedell, 263 N. Y. 177.) The language of the contract is so clear and unambiguous as to preclude construction. By its terms the bond is “ unto The People of the State of New York.”…

2Cases cited6 opinions

  1. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
  2. Marshall v. New YorkSupreme Court of the United States · 1920
  3. Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
  4. Matter of People, Southern Surety Company of New YorkNew York Court of Appeals · 1935
  5. Brown v. BedellNew York Court of Appeals · 1934

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