Maryland Casualty Co. v. Grace
New York Court of Appeals
I. The appellant was liable for the claims it paid. (Bischoff v. York-ville Bank, 218 N. Y. 106; Grace v. Corn Exchange Bank Trust Co., 287 N. Y. 94; ¿Etna Casualty & Surety Co. v. Catskill Nat. Bank Trust Co., 102 F. 2d 527; Maryland Casualty Co. v. City Nat. Bank, 29 F. 2d 662.) II. The only way respondents could attack the payment made by appellant was by pleading and proving that the payment was made in bad faith with intent to injure respondents.
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I. The appellant was liable for the claims it paid. (Bischoff v. York-ville Bank, 218 N. Y. 106; Grace v. Corn Exchange Bank Trust Co., 287 N. Y. 94; ¿Etna Casualty & Surety Co. v. Catskill Nat. Bank Trust Co., 102 F. 2d 527; Maryland Casualty Co. v. City Nat. Bank, 29 F. 2d 662.) II. The only way respondents could attack the payment made by appellant was by pleading and proving that the payment was made in bad faith with intent to injure respondents. (Halstead Lumber Co. v. Hartford Acc. & Ins. Co., 298 Pac. 925; National Surety Co. v. Casner, 253 S. W. 1057; Fidelity & Deposit Co. of…
1Opinion of the Court
Lehman, Ch. J.
Transatlantic Passenger Conference was, at all times referred to in this opinion, an association of steamship lines. Each person authorized to act as agent of any of these lines and to sell its passenger tickets was required to enter into an agency contract which defined the obligations of the parties. In May, 1928, the plaintiff company executed and delivered its surety bond to the Secretary of the Transatlantic Passenger Conference, hereinafter called “ Conference,” as trustee for the steamship lines, therein named, which were members of the Conference. Tinder the terms of the…
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