United States Fidelity & Guaranty Co. v. Carnegie Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Scott, J.:
The sole question to be determined in this controversy is whether or not the plaintiff, as a surety for the Carnegie Trust Company, an authorized depositary of State funds, and which has fulfilled the condition of its undertaking by paying to the State the full amount for which it was liable thereunder, is entitled to be subrogated to a preference and priority of payment in the distribution of the funds of said trust company, it having been decided that the State itself is entitled to such preference and priority. (Matter of Carnegie Trust Company, 151 App. Div. 606; 206 N. Y. 390.)
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2Cases cited9 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- United States v. RyderSupreme Court of the United States · 1884
- Matter of Carnegie Trust CompanyNew York Court of Appeals · 1912
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- In re Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- South Philadelphia State Bank's InsolvencySupreme Court of Pennsylvania · 1929
- Shaw v. United States Fidelity & Guaranty Co.Texas Commission of Appeals · 1932
- In re Columbia Tobacco Co.District Court, E.D. New York · 1941
- Mixter v. Mohawk Clothing Co.New York Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.