The People of the State of New York, Plaintiff v. the Metropolitan Surety Company, Defendant; In the Matter of the…

Summary

The Court affirmed the Appellate Division's order denying the claimant's share of the surety's assets, holding that the claim had not ripened because the statutory conditions for enforcement were not satisfied. The liability of the surety could only be determined by a suit in the United States Circuit Court as prescribed by the bond statute. Justice Miller dissented, arguing that the liability was absolute once the principal defaulted.