United States Fidelity & Guaranty Co. v. Carnegie Trust Co.
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 11, 1914, in favor of plaintiff, upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether the plaintiff is entitled to a preference and priority of payment in the distribution of the assets of the Carnegie Trust Company, by reason of the fact that it claims, as surety to the…
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Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 11, 1914, in favor of plaintiff, upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether the plaintiff is entitled to a preference and priority of payment in the distribution of the assets of the Carnegie Trust Company, by reason of the fact that it claims, as surety to the state of New York, to be subrogated to the right of preference of the state. '
1Opinion of the Court
Judgment in each case affirmed, with costs, on opinion below.
Concur: Willard Bartlett, Ch. J., Chase, Collin, Hogan, Miller and Cardozo, JJ. Not voting: Hiscock, J.
2Cited by5 opinions
- In Re the General Assignment for the Benefit of Creditors of Pavone Textile Corp.New York Court of Appeals · 1951
- American Surety Co. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1944
- Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921
- New Amsterdam Casualty Co. v. McMahonNew York Supreme Court · 1949
- In re the Estate of HarrisNew York Surrogate's Court · 1937