Metropolitan Life Insurance v. McCoy
New York Court of Appeals
Appeal from an order of the general term of the third judicial department, setting aside a verdict directed for the plaintiff and ordering a new trial, which was granted on a motion made in that court, pursuant to § 1000 of the Code of Civil Procedure.
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Appeal from an order of the general term of the third judicial department, setting aside a verdict directed for the plaintiff and ordering a new trial, which was granted on a motion made in that court, pursuant to § 1000 of the Code of Civil Procedure. February 25, 1870, the plaintiff appointed George W. Sherman its agent, and thereafter he delivered to it the following bond: “ Know all men by these presents, that we, Eobert T. Sherman and S. B. McCoy, of the city of Albany, county of. Albany, state of New York, are held and firmly bound unto Metropolitan Life Insurance"Company of New York,…
1Opinion of the Court
Follett, Ch. J.
By signing the bond containing the recital that it was “ sealed with our seals. Dated this ninth day of March, eighteen hundred and seventy,” the defendant asserted in writing, over his own signature, in the most solemn manner, that the obligation was what a bond ex vi termini imports, a sealed instrument, and that it was sealed by him. The assertion was undoubtedly untrue, but it was made and put forth in the way best calculated, to deceive, as it did deceive, the obligee. Had the defendant intended in good faith to execute and deliver an unsealed instrument he should have…
2Cases cited5 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
- State ex rel. Gilkeson v. HumbirdCourt of Appeals of Maryland · 1880
- Town of Barnet v. AbbottSupreme Court of Vermont · 1880
- Washington County Insurance v. ColtonSupreme Court of Connecticut · 1857