Legal Opinion

Sutro Bros. & Co. v. Indemnity Insurance Company of North America

Court of Appeals for the Second Circuit

Decided December 11, 1967No. 43, Docket 31218PublishedCited by 23 opinions

1Opinion of the Court

MOORE, Circuit Judge:

Sutro Bros. & Co. (Sutro), plaintiff, appeals from a judgment dismissing its complaint against Indemnity Insurance Company of North America (INA), defendant.1 The controversy arose over the construction of a provision in an indemnity bond issued by INA in favor of Sutro. The issue is whether the facts are such as to create liability under the bond.

The Bond

INA issued to Sutro, a brokerage firm, its standard Brokers’ Blanket Bond, Form 14 (the Bond), to cover such losses as might be sustained by Sutro because of larceny, theft and misappropriation. More specifically, the…

2Cases cited9 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Underwood v. Globe Indemnity Co.New York Court of Appeals · 1927
  3. Hanson v. National Surety Co.New York Court of Appeals · 1931
  4. Sade v. National Surety CorporationDistrict Court, District of Columbia · 1962
  5. Leo Sade v. National Surety CorporationCourt of Appeals for the D.C. Circuit · 1963

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. R. D. Brown v. The United States of AmericaCourt of Appeals for the Fifth Circuit · 1981
  2. United States Department of Health and Human Services v. Robert Porter Smith and Julie Rose SmithCourt of Appeals for the Eighth Circuit · 1986
  3. Fed. Sec. L. Rep. P 97,164 Index Fund, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1978
  4. Rubin Bros. Footwear, Inc. v. Chemical Bank (In Re Rubin Bros. Footwear, Inc.)District Court, S.D. New York · 1990
  5. Leucadia, Inc. v. Reliance Insurance Company, Defendant-Third-Party v. Edward H. Helmke, Third-PartyCourt of Appeals for the Second Circuit · 1989

18 more not listed; retrieve them via the Exa API.

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