
    The People of the State of New York, Plaintiff, v. Metropolitan Surety Company, Defendant. In the Matter of the Application of Title Guaranty and Surety Company et al., Appellants. John F. Yawger, as Receiver of the Metropolitan Surety Company, Respondent.
    
      People v. Metropolitan Surety Co., 171 App. Div. 962, affirmed.
    (Argued April 11, 1916;
    decided April 25, 1916.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 11, 1915, which affirmed an order of Special Term settling an intermediate account of a dissolved corporation, and providing that the surplus shall be distributed to creditors whose claims were contingent at the time of the appointment of the receiver instead of being applied towards payment of interest on the claims that had then accrued.
    The following question was certified: “ Are the appellants or any of them entitled to interest before the creditors whose claims had not matured before January 6, 1909 (the date of the commencement of the action), have received the principal of their claims ? ”
    
      John R. Halsey, Henry C. Willcox, William H. Page, Neile F. Towner and Edward R. O’Malley for appellants.
    
      John Burlinson Coleman and Francis X. Brosnan for respondent.
   Order affirmed, with costs, and question certified answered in the negative; no opinion.

Concur: Willard Bartlett, Oh. J., Hisoook, Collin, CUDDEBAOK, HOGAN, SEABURY and POUND, JJ.  