People v. Metropolitan Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Y.. Fleet from an order of the Supreme Court, made at the Albany 'Special Term and entered in the office of the clerk of the county of Albany on the 26th day of June, 1911, as resettled by an order entered on the 13th day of July, 1911, confirming the report of a referee which disallowed the appellant’s claim herein.
1Per curiam
’ The authorities- seem* to be conclusive- that the appellant is; • not entitled to* have* his claim allowed by the receiver because the claim- did! not ripen until he obtained Ms judgment against *513the attached debtor, which event did not transpire until after the judgment of dissolution against the respondent surety company was rendered. (People v. Commercial Alliance Life Ins. Co., 154 N. Y. 95; People v. Merchants' Trust Co., 187 id. 293; People v. American Loan & Trust Co., 172 id. 371; Fera v. Wickham, 135 id. 223; Attorney-General v. Equitable Accident Insurance Association, 175 Mass.…
2Cases cited4 opinions
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- People v. Commercial Alliance Life InsuranceNew York Court of Appeals · 1897
- Attorney General v. Equitable Accident InsuranceMassachusetts Supreme Judicial Court · 1900
- People v. Metropolitan Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911