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INDEMNITY INS. CO. v. REISLEY

No. 137.

153 F.2d 296 (1945)

INDEMNITY INS. CO. OF NORTH AMERICA v. REISLEY.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied January 22, 1946.

Attorney(s) appearing for the Case

Smith & Carroad, of New York City (Julius S. Smith and Abraham Brass, both of New York City, of counsel), for petitioner.

Emanuel Bloch, of New York City (Edgar E. Harrison, of New York City, of counsel), for trustee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The insurance company's appeal: The order of April 14, 1942, was based upon an interpretation of § 36-a of the New York Lien Law, Consol.Laws, c. 33, as in effect before amendments effective September 1, 1942.1 But since April 1942, New York's highest court has held that that statute creates no lien. See Raymond Concrete Pile Co. v. Federation Bank & Trust Co., 288 N.Y. 452, 43 N.E.2d 486; New York...

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