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LOUGHMAN v. TOWN OF PELHAM, WESTCHESTER COUNTY, N. Y.

No. 43.

139 F.2d 989 (1943)

LOUGHMAN v. TOWN OF PELHAM, WESTCHESTER COUNTY, N. Y. (EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, Third-Party Defendant).

Circuit Court of Appeals, Second Circuit.

November 29, 1943.

Attorney(s) appearing for the Case

Whitman, Ranson, Coulson & Goetz, of New York City (William L. Ranson and Forbes D. Shaw, both of New York City, of counsel), for appellant.

Conklin & Bentley, of New York City (Edward S. Bentley, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

As Judge Conger explained in his excellent opinion, were it not for § 149-c, without doubt appellee would be liable to appellant for the net loss resulting from the bank's failure, in accordance with Tillinghast v. Merrill, 1896, 151 N.Y. 135, 45 N.E. 375, 376, 34 L.R.A. 678, 56 Am.St.Rep. 612. There the court held, in an action by the county treasurer, that the Supervisor of a town was liable as "an absolute debtor" to the county for loss...

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