Legal Opinion

Fidelity & Deposit Co. of Maryland v. Moshier

U.S. Circuit Court for the District of Northern New York

Decided March 23, 1907Published

Action in equity for the cancellation of a bond written by the Fidelity & Deposit Company, a corporation of the state of Maryland, for said defendants Carrie H. Moshier and James C. Moshier, as administrators of the estate of Charles Moshier, deceased, on the ground of fraudulent representations made and of thd fraudulent concealment of alleged material facts at the time said bond was written and delivered, and which, it is alleged, induced the writing and delivery of said…

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Action in equity for the cancellation of a bond written by the Fidelity & Deposit Company, a corporation of the state of Maryland, for said defendants Carrie H. Moshier and James C. Moshier, as administrators of the estate of Charles Moshier, deceased, on the ground of fraudulent representations made and of thd fraudulent concealment of alleged material facts at the time said bond was written and delivered, and which, it is alleged, induced the writing and delivery of said bond.

1Opinion of the Court

RAY, District Judge.

Charles Moshier, of Oneida county, N. Y„ engaged in business as a tea, coffee, and spice merchant at Utica, N. Y., died intestate at Utica aforesaid September 18, 1899. He left him surviving a widow, Carrie H. Moshier, and James C. Moshier, William R. Moshier, Mae Moshier, and Floyd J. Moshier, his children and his only heirs at law and next of kin, all of whom are defendants herein. He also left him surviving his father and mother, Sarah M. Moshier and John G. Moshier. Thereafter and subsequent to the writing of the bond in suit, and in December, 1899, said John G.…

2Cases cited17 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Griswold v. HazardSupreme Court of the United States · 1891
  3. In re the Estate of WagnerNew York Court of Appeals · 1890
  4. Riggs v. . CraggNew York Court of Appeals · 1882
  5. Sanders v. . SoutterNew York Court of Appeals · 1891

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