Legal Opinion
First National Bank v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1933PublishedCited by 14 opinions
1Opinion of the CourtCrosby, J.
Defendant Johnson was an officer in the plaintiff bank. A bond for the faithful performance of his duties was given by Johnson, as principal, and by defendant, appellant, as surety. Johnson embezzeled money from the bank. The bank is now suing Johnson and the surety company on the bond, and this is an appeal by the surety company from an order denying a motion to dismiss the complaint.
The bond provides that notice of loss shall be delivered by plaintiff to surety company “ within ten days after * * * discovery;” that an itemized claim shall be delivered “ within three months after * * *…
2Cases cited2 opinions
- Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
- City of Buffalo v. New York Central RailroadNew York Supreme Court · 1925
3Cited by14 opinions
- United States v. Corliss Lamont, United States of America v. Abraham Unger, United States of America v. Albert ShadowitzCourt of Appeals for the Second Circuit · 1956
- Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- St. Regis Tribe of Mohawk Indians v. StateNew York Court of Appeals · 1958
- Denkensohn v. Ridgway Apartments, Inc.Appellate Terms of the Supreme Court of New York · 1958
- Mesiano v. MazzeoNew York Supreme Court · 1958
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