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VILLA V. VAN SCHAICK, 299 U. S. 152 (1936)

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U.S. Supreme Court

Villa v. Van Schaick, 299 U.S. 152 (1936)

Villa v. Van Schaick

No. 54

Argued October 23, 1936

Decided December 7, 1936

299 U.S. 152

Syllabus

Upon review of the judgment of a state court, when the record before this Court does not adequately show the facts underlying the state court's decision of a federal question, this Court may set aside the judgment and remand the cause, to the end that those facts may be presented either through amendment of the record or by further proof as the state court may be advised. P. 299 U. S. 155.

-----

The case involved the question whether, in the liquidation in New York of a New York surety company, which in the course of its business had acted as insurance carrier for employees in relation to claims under the workmen's compensation laws of New York and other States, New York claims could, consistently with the Federal Constitution, be preferred, as directed by the New York law, over awards made in Minnesota. The record did not clearly reveal whether the court below had determined that, upon a segregation, there would be sufficient assets derived from the business done within New York to pay the preferred claims, or whether that preference was to be satisfied out of assets resulting from operations in other States. Nor did it appear whether assets derived from business in Minnesota would be sufficient to discharge the Minnesota claims.

266 N.Y. 589, judgment vacated.

Appeal from a judgment which affirmed an order of the Supreme Court of New York for the distribution of assets in a liquidation proceeding. See also 296 U.S. 544. chanroblesvirtualawlibrary

Page 299 U. S. 153





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