United States Fidelity & Guaranty Co. v. Carnegie Trust Co.
New York Court of Appeals
Appeal from a judgment entered April 10, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an order of Special Term granting a motion by plaintiff for a judgment in its favor upon the pleadings. Defendant was a depository of the funds of estates in bankruptcy and as required by statute had given a bond for the safe- custody of the deposits. The plaintiff was the surety upon this bond.
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Appeal from a judgment entered April 10, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an order of Special Term granting a motion by plaintiff for a judgment in its favor upon the pleadings. Defendant was a depository of the funds of estates in bankruptcy and as required by statute had given a bond for the safe- custody of the deposits. The plaintiff was the surety upon this bond. When the bond was issued the Carnegie Trust Company executed a written agreement of indemnity to the plaintiff to save it harmless from loss and…
1Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Cardozo and McLaughlin, JJ. Dissenting: Crane, J.
2Cited by6 opinions
- United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
- Emlen's EstateSupreme Court of Pennsylvania · 1939
- National Surety Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1927
- Tennant v. United States Fidelity & Guaranty Co.Court of Appeals for the Third Circuit · 1927
- Mellette Farmers' Elevator Co. v. H. Poehler Co.District Court, D. Minnesota · 1927
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