Legal Opinion
New Amsterdam Casualty Co. v. McMahon
New York Supreme Court
Decided October 28, 1949PublishedCited by 2 opinions
1Opinion of the CourtMiller, J.
The judgment creditor, by paying the People of the State of New York the amount of the forfeited bond, became subrogated to the rights of the People. The People’s claim, being for a penalty, was not provable in bankruptcy, and it was not affected by the discharge (Matter of Abrahamson, 210 F. 878; Matter of Abelove, 138 Misc. 241). “[The] insurer must prove the creditor’s claim, not his own. # * * This view that a person secondarily liable proves only in the. right of the *747creditor, not upon an agreement, express or implied, of indemnity, seems to be generally supported by commentators.”…
2Cases cited5 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- In re AbramsonCourt of Appeals for the Second Circuit · 1914
- In Re MillerCourt of Appeals for the Second Circuit · 1939
- United States Fidelity & Guaranty Co. v. Carnegie Trust Co.New York Court of Appeals · 1914
- In re AbeloveNew York Supreme Court · 1930
3Cited by2 opinions
- Russo v. RochfordNew York Supreme Court · 1984
- People v. J. G. Menihan Corp.New York Supreme Court · 1952