Prudential Insurance v. Berger
New York Court of Common Pleas
Appeal from eighth district court. Reversed. Action by the Prudential Insurance Company of America against S. Allen Berger and David Brown on a penal bond. There was judgment for plaintiff for $57.98, from which it appeals.
1Opinion of the CourtDaly, C. J.
The defendant Berger was employed on January 13, 1890, as agent of the Prudential Insurance Company under a written agreement, and when he ceased to be employed by them on August 11,1890, he was indebted to the company in the sum of $202.18 upon the following account:
The defendant Brown was the surety of Berger upon a bond for the faithful performance of the latter’s duties, given by them to the company on April 19, 1890, in the penal sum of $200, and this action was brought to-recover the whole penalty of the bond. The justice held that the surety was liable only for $51.98, the item of…
2Cited by2 opinions
- Martin v. BuschSupreme Court of Florida · 1927
- National Union Fire Ins. Co. v. McDonaldSupreme Court of Oklahoma · 1926