Union Dime Savings Bank v. Feltz
New York Court of Appeals
Appeal from a judgment. The Union Dime Saving Institution sued Florente Feltz, and Otto Bauman on a bond executed on January 23, 1879, by the defendant Bauman, as principal, and the defendant Feltz, as surety.
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Appeal from a judgment. The Union Dime Saving Institution sued Florente Feltz, and Otto Bauman on a bond executed on January 23, 1879, by the defendant Bauman, as principal, and the defendant Feltz, as surety. The condition of the obligation was “that if the above bonnden Otto Bauman, who has been appointed clerk of the said Union Dime Savings Bank by its board of directors, shall faithfully and honestly discharge his duties as such clerk, or in whatever capacity he may serve said bank, and shall faithfully apply and account for all such moneys, funds, valuables and property which may come…
1Dissent
Brady, J. dissenting.
[After stating the facts.]—The learned justice in the court below regarded the case of the National Bank Association v. Conkling (90 N. Y. 120) as decisive of this action, and, therefore, gave judgment for ••the defendant. It must be said that his conclusion in this *365regard was correct, for that case seems to fully justify the judgment rendered herein.
We had occasion to consider the result of that case in the Fourth Nat. Bank v. Spinney (47 Hun, 293). There the question was, in many respects, the same as in this, case, and it was held in a direction to the jury that if a…
2Cases cited16 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
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