Metropolitan Life Insurance v. Bender
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made June 30, 1886, which granted a motion made in that court pursuant to section 1000 of the Code of Civil Procedure to set aside a verdict directed for the plaintiff: and ordered a new trial. This was .an action upon a bond given by defendant’s testator, Shibboleth B. McCoy, to plaintiff as surety for George W. Sherman, one of its agents.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made June 30, 1886, which granted a motion made in that court pursuant to section 1000 of the Code of Civil Procedure to set aside a verdict directed for the plaintiff: and ordered a new trial. This was .an action upon a bond given by defendant’s testator, Shibboleth B. McCoy, to plaintiff as surety for George W. Sherman, one of its agents. On 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,…
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 4he 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 striken…
2Cases cited4 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
- Town of Barnet v. AbbottSupreme Court of Vermont · 1880
- Washington County Insurance v. ColtonSupreme Court of Connecticut · 1857
3Cited by7 opinions
- Farley v. . SchernoNew York Court of Appeals · 1913
- Rusling v. Union Pipe & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ivy Courts Realty Co v. BarkerNew York Supreme Court · 1911
- Zeiss v. WursterCity of New York Municipal Court · 1931
- Beattys v. Town of SolonNew York Supreme Court · 1892
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