John Hancock Mutual Life Insurance v. Lowenberg
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The bond in suit was merely a guaranty of the honesty and the integrity of the agent and not a guaranty of the performance by the agent of a contract to repay to the principal at the end of the year the sum of $2,000. (Bigelow v. Benton, 14 Barb. 123; Hayden v. Crane, 1 Lans. 181; Wright v.…
1Opinion of the CourtHaight, J.
This action is brought upon a bond executed by the defendant as surety to recover the amount alleged to be due and Giving the plaintiff by one Rudolph W. Wolffsohn, its agent.
The referee has found as facts, in substance, that on the 27th day of August, 1877, the plaintiff entered into a written agreement with Wolffsohn, by which he became the agent of the company, to take charge of its business in the city of Buffalo and vicinity; that under the provisions of the contract he was authorized to make collections for premiums due or that should become due upon policies, and to promptly pay the…
2Cases cited2 opinions
- Barns v. . BarrowNew York Court of Appeals · 1874
- Bigelow v. BentonNew York Supreme Court · 1852
3Cited by2 opinions
- City of New York v. ClarkAppellate Division of the Supreme Court of the State of New York · 1903
- Peoples Bank of Hamburg v. C. L. Gates, Inc.Appellate Division of the Supreme Court of the State of New York · 1931