Atlantic & Pacific Telegraph Co. v. Barnes
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. • (Reported below, 7 J. & S., 40.) This action was upon a joint and several bond executed by defendants to the plaintiff upon the employment by the latter of defendant William E. Barnes.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. • (Reported below, 7 J. & S., 40.) This action was upon a joint and several bond executed by defendants to the plaintiff upon the employment by the latter of defendant William E. Barnes. The bond was conditioned, among other things, that said Barnes should iC faithfully account for all moneys and property belonging to said Atlantic and Pacific Telegraph Company which shall come to his hands,…
1Opinion of the CourtMiller, J.
This action was upon a bond executed by the defendants for the benefit of one of them, who was an employe of the plaintiff. About one month after the bond was given, the principal was in default for a small amount, of which the plaintiff had knowledge. He did not notify the sureties of such default, but continued to employ the principal until the default had increased to the amount claimed in the complaint. It is insisted that the failure of the plaintiff to give such notice exonerated the sureties from liability for any subsequent defalcation or dishonesty of the principal during his…
2Cases cited1 opinion
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- State of New York v. Peerless Ins. Co.New York Court of Appeals · 1986
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