Bradley v. Fidelity Cas. Co. of N.Y.

Opinion by

Cunningham, J.,

Plaintiff brought this action of assumpsit to recover $2671.04, plus interest, as the amount allegedly due him under the terms of a fidelity bond issued by the defendant company. The amount sued for represents the total defalcations of an employee, Joseph L. Rigby, over a period of three years. Defendant’s affidavit of defense put the entire claim in issue, and at the trial it submitted a point for charge to the effect that its maximum liability under the bond could, in no event, exceed $1000, with interest. The trial judge reserved the question of law thus raised,…