People v. Metropolitan Surety Co.

Order reversed, with $10 costs and disbursements, and motion denied, without costs, on authority of People v. Metropolitan Surety Co. and Fleet v. Yawger, decided by the Court of Appeals, 98 N. E. 412.

KELLOGG and HOUGHTON, JJ., dissent, on the ground that the rights of the claimant were fixed through the lien prior to the insolvency of the surety company.