Platauer v. American Bonding Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by George Platauer against the American Bonding Company of Baltimore. From a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtMcCALL, J.
Upon the decision of this court in the case of Adelberg v. U. S. Fidelity & Deposit Co., 90 N. Y. S.upp. 465, this judgment must be reversed. As to the question of waiver raised by the respondent, no merit can be attached, because the bond remained in the possession of the respondent at all times, and no-knowledge of the fact that the employé had failed to sign, or that there was any existing breach of the conditions, came to the appellant, in so far as this record reveals, until after the proof of loss and the information before the magistrate had been given.
Judgment reversed, and new trial…
2Cited by2 opinions
- Oklahoma Sash & Door Co. v. American Bonding Co.Supreme Court of Oklahoma · 1915
- National Surety Co. v. RievesMississippi Supreme Court · 1916