Auchincloss v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Page, J.:
The plaintiffs are stockbrokers having offices in the city of New York. The defendant is a surety company engaged in writing fidelity and surety bonds. On September 3, 1918, the defendant executed a fidelity bond, upon payment of a premium, based upon the total number of the “ insured’s officers, clerks and other employees, employed at the insured’s offices covered hereunder.” The bond contained a list of the plaintiffs’ offices and the names of the employees severally employed therein. The bond also provided “ all the officers, clerks and other employees employed at the offices…
2Cases cited9 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Matter of Dale v. . Saunders Bros.New York Court of Appeals · 1916
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
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3Cited by2 opinions
- Mulroy v. TarulliAppellate Division of the Supreme Court of the State of New York · 1920
- 175 Check Cashing Corp. v. Chubb Pacific Indemnity GroupAppellate Division of the Supreme Court of the State of New York · 1983