Wieder v. Union Surety & Guaranty Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Fanny Wieder against the Union Surety & Guaranty Company. From an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtGreenbaum, J.
This action was brought upon 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 employé (the principal in the bond), some time 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 employé under the circumstances would not be binding upon the defendant. The…
2Cases cited2 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Elmwood-Utica Houses, Inc. v. Buffalo Sewer AuthorityNew York Court of Appeals · 1985
3Cited by3 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
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911