Metropolitan Life Insurance v. McCoy
New York Supreme Court
Motion by defendant for a new trial on exceptions ordered at the Albany Circuit to be heard in the first instance at the General Term.
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Motion by defendant for a new trial on exceptions ordered at the Albany Circuit to be heard in the first instance at the General Term. The defendant was sued as surety for George W. Sherman, upon an indebtedness existing against Sherman as plaintiff’s agent, alleged to have accrued between September, 1870, and January, 1872. The complaint alleged that on the 9th of March, 1870, the plaintiff being about to employ Sherman, the defendant executed a bond, a copy* of which is set up in the complaint. There was no allegation that the bond was sealed, and the copy set forth merely concluded with…
1Opinion of the Court
Bockes, P. J.:
Case and exceptions ordered to be heard in the first instance at General Term, a verdict having been directed for the plaintiff by the court.
The action was against the defendant as surety for George "W". Sherman on his bond securing his faithful action as plaintiff’s agent. The condition of the bond was, in substance, that if Sherman, who *144was appointed plaintiff’s agent, should faithfully conform to all instructions and directions which he, as agent, might receive from the plaintiff, and should remit all moneys received by him, less his commission, together with his account,…
2Cases cited1 opinion
- Town of Barnet v. AbbottSupreme Court of Vermont · 1880