Wieder v. Union Surety & Guaranty Co.
New York Supreme Court
Appeal by the defendant from an order entered in the City Court of the city of New York upon the verdict of a jury directed by the court in favor of the plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtGreeptbaum, J.
This action was brought upon the defendant’s bond indemnifying the plaintiff “ against loss by reason of the fraud or dishonesty of one Harry Cohen, amounting to embezzlement or larceny.”
The plaintiff sought to establish the liability of the defendant by testifying to a conversation had with Harry Cohen, the employee (the principal in the bond), sometime after the alleged embezzlement had taken place. Objection was taken to the admission of this testimony upon the ground that any statements or declarations made by the employee under the circumstances would not be binding upon the defendant.
The…
2Cases cited1 opinion
- Elmwood-Utica Houses, Inc. v. Buffalo Sewer AuthorityNew York Court of Appeals · 1985
3Cited by6 opinions
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- W. T. Rawleigh Medical Co. v. HooksAlabama Court of Appeals · 1918
- Donnelly v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1904
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
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