Legal Opinion

Becker, Moore & Co. v. United States Fidelity & Guaranty Co.

Court of Appeals for the Second Circuit

Decided January 14, 1935No. 132PublishedCited by 1 opinion

1Opinion of the Court

L. HAND, Circuit Judge.

The plaintiff, a manufacturing company, sued upon a fidelity bond given to indemnify it against the defalcations of its secretary, W atson. At the trial it proved the execution of the bond on October 25, 1929, and Watson’s thefts of more than the penalty, and then it rested. The defense was that the company had given false answers on October 18, 1929, in a statement signed by its president, Moore, on the faith of which the bond had been issued. This statement was in form as follows:

“Employers General Statement.
“Payable to Becker, Moore & Co., Ine., Address, Michigan…

2Cases cited8 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
  3. Guarantee Co. of North America v. Mechanics' Savings Bank & Trust Co.Supreme Court of the United States · 1902
  4. Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
  5. Armour v. Transatlantic Fire Insurance Co. of Hamburg, GermanyNew York Court of Appeals · 1882

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3Cited by1 opinion

  1. Hall v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1937

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