HOLZ v. SMULLAN

No. 12758.

277 F.2d 58 (1960)

Leffert HOLZ (Thomas Thatcher, Successor) Superintendent of Insurance of the State of New York as Liquidator of The Preferred Accident Insurance Company of New York, Plaintiff-Appellee, v. Alexander SMULLAN, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 3, 1960.


Attorney(s) appearing for the Case

Maurice James Moriarty, Chicago, Ill., for appellant.

Thomas E. Moran, Chicago, Ill., J. M. Rosenfield, Chicago, Ill., for plaintiff-appellee. Rothbart & Rosenfield, Chicago, Ill., of counsel.

Before DUFFY and CASTLE, Circuit Judges, and SWYGERT, District Judge.


DUFFY, Circuit Judge.

This suit was brought by plaintiff as Domiciliary Liquidator of a New York insurance company to require defendant, as agent of said company, to account for moneys allegedly received by defendant on policies of insurance issued by that company. On June 21, 1957, the District Court, by Judge Barnes, entered what was designated as an "interlocutory judgment," requiring defendant to account, and referring the accounting to a master.

On July...

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