Legal Opinion

Prudential Insurance v. Berger

New York Court of Common Pleas

Decided December 7, 1891PublishedCited by 2 opinions

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

  1. Martin v. BuschSupreme Court of Florida · 1927
  2. National Union Fire Ins. Co. v. McDonaldSupreme Court of Oklahoma · 1926

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