Legal Opinion

Spring Garden Insurance v. Dolan

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

Decided January 6, 1915Published

Appeal by the defendants, Michael Dolan and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 5 th day of May, 1914, upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Woodward, J.:

The complaint alleges that the plaintiff is a foreign corporation authorized to do business in this State, and that on or about the 2d day of November, 1905, one Arthur J. Collier made application to the plaintiff for a local insurance agency, presenting therewith a bond duly executed conditioned upon his faithful discharge of the duties and obligations of the agency; that such bond was duly accepted by the plaintiff, and that said Arthur. J. Collier entered upon the discharge of his duties as such agent; that the said Arthur J. Collier did not honestly and faithfully discharge…

2Cases cited2 opinions

  1. Hatch v. . ElkinsNew York Court of Appeals · 1875
  2. Lewison v. HoffmanThe Superior Court of the City of New York and Buffalo · 1894

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