In re Van Schaick
| Decision Date | 26 February 1935 |
| Citation | 266 N.Y. 589,195 N.E. 213 |
| Parties | In the Matter of the Application of the PEOPLE of the State of New York, by George S. VAN SCHAICK, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the SOUTHERN SURETY COMPANY OF NEW YORK. Bessie Villa et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, on constitutional grounds, from an order of a Special Term of the Supreme Court for the county of New York, entered September 12, 1934, approving and confirming the first partial report, and audit of the superintendent of insurance of the state of New York, as liquidator of the Southern Surety Company of New York, which carried on an insurance business in many states of the Union, including the writing of compensation insurance. These proceedings were commenced on March 15, 1932, by the service of an order to show cause upon the surety company, and on March 22, 1932, an order was made pursuant to article 11 of the Insurance Law (Consol. Laws, c. 28) directing the superintendent of insurance to take possession of its property and to liquidate its business. The appellants, compensation claimants residing in the state of Minnesota, appeared in these proceedings on July 16, 1934, and filed a notice of objections to the petition for the confirmation of such first partial report. The order appealed from overruled such objections, approved the report, and directed the respondent to pay in full out of the assets in his hands all New York compensation insurance claims against the surety company designated in the report as ‘preferred claims' under section 34 of the Workmen's Compensation Law (Consol. Laws, c. 67), Laws 1932, c. 248. The appellants contended that section 34 violated section 2 of article 4 of the Constitution of the United States, providing that citizens of each state shall be entitled to ‘all privileges and immunities of citizens in the several state,’ and the provisions in section 1 of the Fourteenth Amendment that no state shall ‘deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ They also contended that section 34 of the Workmen's Compensation Law, Laws 1932, c. 248, violated section 17 of article 3 of the Constitution of the state of New York.Hartwell Cabell, M. B. Ignatius, Asa B. Kellogg, and Richard C. Marshall, 3d,...
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In re Southern Sur. Co. of New York
...of the same class does not operate to deprive a creditor who holds security, of his superior rights. Matter of People by Van Schaick (Southern Surety Co.), 266 N.Y. 589, 195 N.E. 213;Matter of People by Beha (First Russian Ins. Co.), 253 N.Y. 365, 171 N.E. 572. In common with other secured ......
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Villa v. Van Schaick, 54
...sustained the preference and ordered distribution accordingly. The Court of Appeals affirmed the order. In re People, by Van Schaick, 266 N.Y. 589, 195 N.E. 213, 214. Appeal to this Court was dismissed. Villa v. Van Schaick, 296 U.S. 544, 56 S.Ct. 153, 80 L.Ed. 386. The Court of Appeals ame......
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People v. Villa
...270 N.Y. 564200 N.E. 320In the Matter of the Application of the PEOPLE of the State of New York, by George S. VAN SCHAICK, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the SOUTHERN SURETY COMPANY OF NEW YORK. Bessie Villa et al., Appellants.Court of Appeals of New York.Jan. 31, 1936 ... PER CURIAM.[270 N.Y. 564]Motion to amend remittitur ... ...
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In re Int'l Reinsurance Corp.
...Law. This involves an approach from a somewhat different angle to the question which was before us in Re Southern Surety Co. of New York, 266 N.Y. 589, 195 N.E. 213. The order should be affirmed, with costs.CRANE, C. J., and LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, and FINCH, JJ., concur. Order ...