United States Fidelity & Guaranty Co v. Carnegie Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carnegie Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of November, 1916. An appeal is also taken from an order entered in said clerk’s office on the 2d day of November, 1916, granting plaintiff’s motion for judgment on the pleadings, pursuant to which the judgment appealed from was entered.
1Opinion of the Court
Smith, J.:
The facts in this case are so fully and fairly stated in the opinion of my brother Justice Laughlin, filed herewith, that it is not necessary to restate them in this opinion. I will proceed at once, therefore, to an expression of my views upon the questions presented.
In Remington on Bankruptcy (Vol. 1 [2d ed.], § 757), in discussing guaranteed allowable claims, it is said: “ There should be no deduction for the amounts paid in on the debt by the surety. The creditor should prove for the entire debt as if no part thereof had been paid by the surety; and if the dividend plus the…
2Cited by5 opinions
- United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
- Emlen's EstateSupreme Court of Pennsylvania · 1939
- National Surety Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1927
- Tennant v. United States Fidelity & Guaranty Co.Court of Appeals for the Third Circuit · 1927
- Mellette Farmers' Elevator Co. v. H. Poehler Co.District Court, D. Minnesota · 1927