In re Harmony Insurance

Decided July 1, 1869

New York Supreme Court · decided 1869-07-01

In this case William McLoon appealed to the court at general term, from an order made by Mr. Justice Ihgeahah in December, 1869, denying a petition presented by the appellant that he be let in, after the time limited by the statute and the notice to creditors, to prove his claim against the Harmony Eire & Marine Insurance Company, a corporation, of the property of which receivers had been appointed.

Decided 1869-07-01

By the Court.*— George G. Barnard, J.

¶1The provision of the statute relied upon by the respondents, prescribes a bar which precludes creditors from proving their claims after the lapse of the specified time. The petitioner in this case did not apply within the time prescribed, and was therefore technically guilty of negligence. The petition was an application to the court to relieve him from the effect of that negligence and allow him to prove his claim' after the time had passed. This was an application to the discretion of the court to relieve the petitioner from the strict bar of the statute, and the court refused to grant the application.

¶2The order is one which rested in the discretion of the court, and is therefore not appealable.

¶3Present, G. G. Barnard and Cardozo, JJ. In this ease, Ingraham, J., having made the order appealed from, did not sit.