Legal Opinion

United States v. Fidelity and Deposit Company of Maryland, United States Fidelity and Guaranty Company, and Century Indemnity Company

Court of Appeals for the Second Circuit

Decided April 30, 1958No. 24841_1PublishedCited by 3 opinions

1Per curiam

As did Judge Gibson below, D.C.Vt., 153 F.Supp. 848, we accept the decision in United States v. American Surety Co. of N. Y., 2 Cir., 172 F.2d 135, 7 A.L.R.2d 940, certiorari denied American Surety Co. of N. Y. v. United States, 337 U.S. 930, 69 S.Ct. 1494, 93 L.Ed. 1737, as authority for cumulative, rather than single-year, liability upon the fidelity bonds given as sureties by the defendant companies against loss from a post-office clerk in Burlington, Vermont, who later proved to be an embezzler. Hence as to the major recovery allowed below we are content to accept the opinion and decision…

2Cases cited5 opinions

  1. Bruce v. United StatesSupreme Court of the United States · 1855
  2. United States v. American Surety Co. of New YorkCourt of Appeals for the Second Circuit · 1949
  3. Thurston County ex rel. Vesely v. ChmelkaNebraska Supreme Court · 1940
  4. United States v. Fidelity & Deposit Co.District Court, D. Vermont · 1957
  5. United States v. HonsmanCourt of Appeals for the Ninth Circuit · 1895

3Cited by3 opinions

  1. Albert Fetter and Mary Louise Fetter, His Wife, Jointly v. United StatesCourt of Appeals for the Sixth Circuit · 1959
  2. Peerless Ins. Co. v. SOUTH BOSTON STORAGE WAREHOUSEMassachusetts Supreme Judicial Court · 1986
  3. Peerless Insurance v. South Boston Storage & Warehouse, Inc.Massachusetts Supreme Judicial Court · 1986

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