National Discount Co. v. United States Fidelity & Guaranty Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
The plaintiff, a corporation, on June 3, 1904, had itself insured as an employer against larceny or embezzlement by an employee, by the defendant, also a corporation, which issued its indemnity bond expressing, among others, as terms of the contract: that it, the insurer, should be notified in writing immediately after the occurrence of an act indemnified against “ shall come to the knowledge of the employer;” that the insurer at its election might cancel the bond at any time on giving a month’s notice, with a refund, pro rata, of the premium paid; and that should the employee be guilty of an…
2Cases cited3 opinions
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
- Eggleston v. President, Directors & Co. of the Columbia Turnpike RoadNew York Court of Appeals · 1880
3Cited by4 opinions
- Alfalfa Electric Coop., Inc. v. Travelers Indemnity Co.District Court, W.D. Oklahoma · 1973
- State Bank of Viroqua v. Capitol Indemnity Corp.Wisconsin Supreme Court · 1974
- Charles W. Schreiber Travel Bureau, Inc. v. Standard Surety & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Montana A.F. Corp. v. Federal Surety Co.Montana Supreme Court · 1929