National Mechanics' Banking Ass'n v. Conkling
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 10, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 24 Hun, 496.) This action was upon a bond executed by the defendants, the material portion of which is set forth in the opinion, wherein also are stated the material facts. A contract for surety-ship is governed by the same rule of construction as other contracts.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 10, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 24 Hun, 496.) This action was upon a bond executed by the defendants, the material portion of which is set forth in the opinion, wherein also are stated the material facts. A contract for surety-ship is governed by the same rule of construction as other contracts. (Christ v. Burlingame, 62 Barb. 351; Hernandez v. Stillwell, 7 Daly, 362; Rochester City Bank v. Elwood, 21 N. Y. 90.) The…
1Opinion of the CourtEarl, J.
In September, 1863, the plaintiff employed the defendant Joseph C. Conkling as a book-keeper in its bank, at a salary of $400. At the time of his employment, and to secure his fidelity, a bond in the penalty of $10,000 was executed to the plaintiff, which contained the following recitals and conditions : ■
“ Whereas, the above-named, the Mechanics’ Banking Association, have appointed the above-named Joseph C. Conkling to the office of a book-keeper of the said association, and the said Joseph C. Conkling hath accepted the same and consented to perform the duties thereof, now the condition of…
2Cases cited2 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Crist v. BurlingameNew York Supreme Court · 1862
3Cited by44 opinions
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Farmers' & Merchants' State Bank v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1911
- Wilson v. WebberNew York Supreme Court · 1895
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- First National Bank v. StoryAppellate Division of the Supreme Court of the State of New York · 1914
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