First National Bank v. National Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 26, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 26, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s claim was not presented within six months after the date of the termination of the defendant’s liability on the bond in suit and for that reason plaintiff was not entitled to judgment. (Home Ins. Co. v. P., etc., Ry., 178 Ill. 64; Inhabitants of Saco v. Osgood, 5 Me. 237.) The word “ liability ” in…
1Opinion of the CourtCollin, J.
The action is upon a written instrument executed by the defendant, a domestic corporation, to the plaintiff which guaranteed the honesty of an employee of the latter. At the close of the evidence at the trial the trial justice, denying, under exception, the motion of the defendant for a direction of a verdict in its favor, submitted the evidence to the jury which rendered a verdict in favor of plaintiff. The consequent judgment was affirmed by the non-unanimous decision of the Appellate Division.
The facts determinative of the question presented to us are uncontradicted. The instrument, under…
2Cases cited6 opinions
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Ballard County Bank's Assignee v. U. S. Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1912
- Ladies of the Modern Maccabees v. Illinois Surety Co.Michigan Supreme Court · 1917
- Home Insurance Co. of New York v. Peoria & Pekin Union Railway Co.Illinois Supreme Court · 1899
- People Ex Rel. National Surety Co. v. FeitnerNew York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Krenger v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1949
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Boston Elevated Railway Co. v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1949
24 more not listed; retrieve them via the Exa API.