Legal Opinion

National Surety Co. v. Fulton

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1920PublishedCited by 13 opinions

Appeal by the plaintiff, National Surety Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of February, 1920, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.

1Opinion of the Court

Greenbaum, J.:

The plaintiff issued its fidelity bond to the general creditors’ committee of the Kentucky Refining Company against any loss it might sustain not exceeding $10,000, “ by reason of any act of personal dishonesty, forgery, theft, larceny, embezzlement, wrongful conversion or abstraction ” on the part of defendant as an employee of the committee. In consideration of its giving the bond in question and as an inducement therefor, the defendant executed an agreement of indemnity to the plaintiff whereby he agreed that he would indemnify and save harmless the plaintiff from and against…

2Cases cited4 opinions

  1. Fidelity & Casualty Co. v. EickhoffSupreme Court of Minnesota · 1895
  2. Guarantee Co. of North America v. PittsMississippi Supreme Court · 1901
  3. Illinois Surety Co. v. MaguireWisconsin Supreme Court · 1914
  4. Fidelity & Deposit Co. v. NordmarkenNorth Dakota Supreme Court · 1915

3Cited by13 opinions

  1. General Accident Insurance Co. of America v. Merritt-Meridian Construction Corp.District Court, S.D. New York · 1997
  2. International Fidelity Insurance v. SpadafinaAppellate Division of the Supreme Court of the State of New York · 1993
  3. Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
  4. Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
  5. Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925

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