Bankruptcy
The People of the State of New York, Plaintiff, v. Metropolitan Surety Company, Defendant. In the Matter of Leonhard Bauer, Doing Business as the L. Bauer Iron Works, Claimant, Respondent, v. John F. Yawger, as Receiver of the Metropolitan Surety Company, Appellant
151 A.D. 914·New York Supreme Court, Appellate Division·1912·NY
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Opinion
The People of the State of New York, Plaintiff, v. Metropolitan Surety Company, Defendant. In the Matter of Leonhard Bauer, Doing Business as the L. Bauer Iron Works, Claimant, Respondent, v. John F. Yawger, as Receiver of the Metropolitan Surety Company, Appellant.
[MAJORITY]
Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, on authority of People v. Metropolitan Surety Co. (Matter of Fleet), decided by the Court of Appeals (205 N. Y. 135). All concurred, except Kellogg and Houghton, JJ., dissenting on the ground that the rights of the claimant were fixed through the lien prior to the insolvency of the surety company.