National Bank of Asheville v. Fidelity & Casualty Co. of New York
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of North Carolina. This was an action on. an instrument called a bond, executed by the Fidelity & Casualty Company of New York, defendant in error, October 1, 1889, agreeing to make good to the National Bank of Asheville, the plaintiff in error, any loss sustained by reason of the fraud or dishonesty of Lawrence Pulliam, its cashier, to the extent of $10,000, committed during the continuance of the…
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In Error to the Circuit Court of the United States for the Western District of North Carolina. This was an action on. an instrument called a bond, executed by the Fidelity & Casualty Company of New York, defendant in error, October 1, 1889, agreeing to make good to the National Bank of Asheville, the plaintiff in error, any loss sustained by reason of the fraud or dishonesty of Lawrence Pulliam, its cashier, to the extent of $10,000, committed during the continuance of the term from October 1, 1889, to October 1, 1S90, or any renewal thereof. The suit was originally brought in the superior…
1Opinion of the CourtMorris, District Judge
(after stating the facts as above). The plaintiff in error (also the plaintiff below), excepted to the issues submitted to the jury, and in lieu thereof tendered the following:
“Did the plaintiff, knowing that Pulliam had defaulted and absconded, carrying off for his own use large amounts of its money, fraudulently make tiio defendant to enter into the contract of guaranty for said Pulliam from Hie 1st day of October, it,93, to tlie 1st day of October, 1891, which the defendant was under no promise or obligation to enter into, to the defendant’s injury?”
Upon the testimony in the case there…
2Cases cited4 opinions
- Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Franklin Bank v. CooperSupreme Judicial Court of Maine · 1853
- Warren v. BranchWest Virginia Supreme Court · 1879
- Franklin Bank v. StevensSupreme Judicial Court of Maine · 1855
3Cited by5 opinions
- General Reinsurance Corp. v. Southern Surety Co. of Des MoinesCourt of Appeals for the Eighth Circuit · 1928
- Jellico Gro. Co. v. Sun Indemnity Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1938
- American Surety Co. of New York v. ShawCourt of Appeals for the Fifth Circuit · 1931
- American Surety Co. of New York v. Bankers' Savings & Loan Ass'n of Omaha, Neb.Court of Appeals for the Eighth Circuit · 1932
- People's Bank v. Fidelity & Deposit Co.District Court, M.D. North Carolina · 1933