Union Dime Sav. Inst. v. Neppert
New York Supreme Court
Appeal from special term, New York county. Action by the Union Dime Savings Institution of New York City against Francis Neppert and Otto Baumann, to enforce the liability of the defendant first named on a bond conditioned for the faithful conduct of defendant Bauman as “clerk, or in whatever other capacity he may serve” plaintiff. Trial to the court, and judgment dismissing the complaint. Plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
It is assumed by the learned counsel for the respondent that the decision in the case of Association v. Conkling, 90 N. Y. 116, disposes of this appeal. A very brief examination, however, of the case cited, will show'that it has no application whatever to the case afcbar, except so far as it may declare the general principles which are to govern the construction of contracts. It is laid down in the case cited as a rule of construction that a surety is never to be held liable beyond his specific engagement, and his liability is always strictissimi juris, and must not be extended by…
2Cases cited1 opinion
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
3Cited by2 opinions
- Union Dime Sav. Inst. v. FeltzNew York Supreme Court · 1889
- Stamets v. Plano Manufacturing Co.Indiana Court of Appeals · 1907