Alex. Campbell Milk Co. v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, United States Fidelity and Guaranty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of October, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1910, denying defendant’s motion for a new trial made upon the minutes. The jury rendered both a general verdict and a special verdict.
1Opinion of the Court
Stapleton, J.:
This is a motion to set aside a verdict and for a new trial.
I am satisfied that the only question raised requiring any discussion other than occurred upon the trial relates to a construction of the provisions of the bond claimed by the defend, ant in exoneration of its liability.
The defendant in consideration of $12.50 executed a bond on December 8, 1904, obligating itself to reimburse and make good to the plaintiff, an employer, all and any pecuniary loss sustained by it through the defalcation of an employee amounting to larceny for the period from December 8, 1904, to…
2Cases cited2 opinions
- Hawley v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hawley v. . United States Fidelity and Guaranty CompanyNew York Court of Appeals · 1906
3Cited by12 opinions
- Brulatour v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1936
- Fourth & First Bank & Trust Co. v. Fidelity & Deposit Co.Tennessee Supreme Court · 1925
- Green v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1915
- Scranton Volunteer Fire Co., Inc. v. United States Fidelity and Guaranty Company, and Third-Party v. Allen E. Jewitt, Third-PartyCourt of Appeals for the Second Circuit · 1971
- Hodgson v. Preferred Accident InsuranceNew York Supreme Court · 1917
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