Legal Opinion
Indemnity Insurance of North America v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1933PublishedCited by 3 opinions
1Opinion of the CourtGlennon, J.
Plaintiff company, as assignee of John Bister, commenced this action against defendant American Surety Company to recover the sum of $1,278.50 on an auctioneer’s statutory bond in the penal sum of $2,000.
On December 23, 1930, Wallace H. Day entered into an agreement in writing with John Bister whereby Day agreed to sell for Bister at public auction a collection of oil paintings. The agreement provided that the sale was to be held on the evenings of January 7 and 8, 1931. The contract also provided: “ The party of the second part [Day] agrees that he is to pay the proceeds of the sale less the…
2Cases cited2 opinions
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
3Cited by3 opinions
- American Employers' Insurance Company, a Massachusetts Corporation v. Maryland Casualty Company, a Maryland CorporationCourt of Appeals for the Fourth Circuit · 1954
- A & P Sheet Metal Co., Inc. v. Edward Hansen, Inc.New Jersey Superior Court Appellate Division · 1976
- In re PeopleNew York Supreme Court · 1936