Fidelity & Deposit Co. v. Queens County Trust Co.
New York Court of Appeals
Appeal from a judgment, entered June 22, 1916, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
The plaintiff brings the action to recover the amount it was compelled to pay as surety in the bond given by Robert J. Peebles as trustee in bankruptcy of William Trist Bailey, and which Peebles, as trustee, illegally withdrew from the defendant and appropriated to his personal usei At the trial the court directed a verdict in favor of the plaintiff in the sum of six thousand six hundred dollars and interest. The Appellate Division reversed the consequent judgment and dismissed the complaint. We have concluded there was error in dismissing the complaint.
The cardinal facts are: By order duly…
2Cases cited11 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
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- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Anderson v. . BloodNew York Court of Appeals · 1897
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
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