Granger v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, William H. Granger and others, and by the defendant, The Empire State Surety Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 10th day of December, 1907, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term.
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Cross-appeals by the plaintiffs, William H. Granger and others, and by the defendant, The Empire State Surety Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 10th day of December, 1907, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term. The plaintiffs seek to recover upon a bond of indemnity made by the defendant surety company to the plaintiffs, dated January.!, 1903, covering a period of one year from that date, by which it undertook to make…
1Opinion of the Court
Kruse, J.:
It is urged on behalf of the defendant that none of the moneys collected and misappropriated by Bitter and Stone is covered by the bond because the default- did not arise out of any acts of the ' employees within the direct scope of their duties as salesmen. It is contended that the duty of .a salesman does not include that of collecting the purchase price of goods sold, when the sales are made as they were made by these employees; and that as regards the goods stolen, no recovery can be had for the purchase price thereof, for the reason that Bitter and Stone were never intrusted…
2Cases cited1 opinion
- Dixon v. . JamesNew York Court of Appeals · 1905
3Cited by1 opinion
- Montana A.F. Corp. v. Federal Surety Co.Montana Supreme Court · 1929