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MATTER OF NEW AMSTERDAM CAS. CO. v. McMAHON

196 Misc. 746 (1949)

In the Matter of New Amsterdam Casualty Company, Judgment Creditor, v. Neil McMahon, Judgment Debtor.

Supreme Court, Special Term, New York County.

On Reargument November 15, 1949.

Attorney(s) appearing for the Case

Harry Salvan for judgment creditor.

Max Feinberg for Helen McMahon appearing specially.

MILLER, J.

The judgment creditor, by paying the People of the State of New York the amount of the forfeited bond, became subrogated to the rights of the People. The People's claim, being for a penalty, was not provable in bankruptcy, and it was not affected by the discharge (Matter of Abrahamson, 210 F. 878; Matter of Abelove, 138 Misc. 241). "[The] insurer must prove the creditor's claim, not his own. * * * This view that a person secondarily...

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