Marcus v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fidelity and Deposit Company of Maryland, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 3d day of June, 1914, affirming a judgment of the Municipal Court of the City of New York, and also from the judgment of affirmance entered thereon in the office of the clerk of the Municipal Court, borough of Manhattan, first district.
1Opinion of the Court
Scott, J.:
The defendant was surety to plaintiffs upon a bond conditioned for the reimbursement of plaintiffs for such pecuniary loss (not exceeding $1,000) as the employer shall have sustained by “ any act of larceny or embezzlement” on the part of one Thomsen, employed by plaintiffs as a collector of rents.
The complaint alleges: “ That in or about the month of September, 1912, and while still in plaintiff’s employ, as afore- ' said, the said Christian Thomsen collected as rent of said real property, the sum of two thousand six hundred and thirty-two ($2,632) dollars, of which he has…
2Cases cited1 opinion
- State Bank of Pike v. . BrownNew York Court of Appeals · 1901
3Cited by7 opinions
- Alexander Grant's Sons v. Phoenix Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1966
- American Mutual Liability Insurance Company v. Thomas & Howard Company of Columbia, South CarolinaCourt of Appeals for the Fourth Circuit · 1955
- John T. Stanley Co. v. National Surety Corp.New York Supreme Court · 1943
- Haas v. Fidelity & Deposit Co.Appellate Terms of the Supreme Court of New York · 1916
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
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