United States Life Insurance v. Salmon
New York Supreme Court
Appeal from judgment on report of referee. Action by the United States Life Insurance Company in the City of New York against Charles Salmon, Moses B. Shantz, William Manning, and Charles E. Manning. The complaint was dismissed as to defendants Salmon and Shantz, and plaintiff appeals.
Read the full summary
Appeal from judgment on report of referee. Action by the United States Life Insurance Company in the City of New York against Charles Salmon, Moses B. Shantz, William Manning, and Charles E. Manning. The complaint was dismissed as to defendants Salmon and Shantz, and plaintiff appeals. This action was begun June 2, 1894, to recover of William Manning and Charles E. Manning, principals, and Charles Salmon and Moses B. Shantz, sureties, on a bond, under seal, executed November 13, 1893, to the plaintiff, whereby the obligors undertook that the principals, who were the plaintiffs agents, should…
1Opinion of the CourtFollett, J.
The plaintiff excepts to the ninth finding of fact, to so much of the tenth as is printed in italics, and to the three conclusions of law. No other exceptions were filed. It must be conceded that, if the findings of fact excepted to are sustained by the evidence, the judgment must stand, unless there were erroneous rulings on the admission or exclusion of evidence. It is well settled that in case an obligee takes a bond as security for the fidelity of his agent, who, to the knowledge of the obligee, has previously violated the trust reposed in him, and the obligee does not disclose the…
2Cases cited5 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Bostwick v. . Van VoorhisNew York Court of Appeals · 1883
- Atlantic & Pacific Telegraph Co. v. BarnesNew York Court of Appeals · 1876
- Farmers' National Bank v. Van SlykeNew York Supreme Court · 1888
- Ludekens v. PscherhoferNew York Supreme Court · 1894
3Cited by7 opinions
- Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
- Damon v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Indiana & Ohio Live Stock Insurance v. BenderIndiana Court of Appeals · 1904
- Post v. Maryland Casualty Co.Washington Supreme Court · 1939
- Star Insurance Co. of America v. CareySupreme Court of Kansas · 1928
2 more not listed; retrieve them via the Exa API.