Brand v. Hasbrouck
Appellate Division of the Supreme Court of the State of New York
Action by Leopold Brand against Frank Hasbrouck, as Superintendent of Insurance of the State of New York.
1Per curiam
No written notice of this accounting proceeding ordered against the receiver was given to the surety on the receiver’s official bond, under Code Civ. Proc. § 715, which requirement means a notice in writing. Erving v. City of New York, 131 N. Y. 133, 29 N. E. 1101. Hence the accounting proceedings, and the refereb’s findings, with the orders of the court made thereon, as against the surety, had no effect. Stratton v. City Trust, etc., Co., 86 App: Div. 551, 83 N. Y. Supp. 780. The evidence of the receiver’s default and misfeasance being based only on these accounting proceedings left the…
2Cases cited2 opinions
- Erving v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1903