PORTER v. BEHA

No. 305.

12 F.2d 513 (1926)

PORTER v. BEHA, Superintendent of Insurance, et al.

Circuit Court of Appeals, Second Circuit.

May 17, 1926.


Attorney(s) appearing for the Case

Albert Ottinger, Atty. Gen., and Joseph C. H. Flynn, Deputy Atty. Gen. (John J. Cunneen, of New York City, and Clarence C. Fowler, Sp. Deputy Atty. Gen., of counsel), for appellant Beha.

Martin T. Nachtmann, of Albany, N. Y., for appellant Metropolitan Ins. Co.

Louis L. Babcock and Locke, Babcock, Hollister & Brown, all of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

What we consider the dominant and controlling facts of this litigation have been stated with fullness, because, after reflecting on the exhaustive arguments submitted, we are of opinion that the acts of the parties have rendered irrelevant most of the propositions of law discussed. The final facts proven by the evidence may be thus summarized:

On February 7th Niagara Insurance Company could not lawfully...

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