Western New York Life Insurance v. Clinton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial This action was upon a bond executed by the defendant De WittW.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial This action was upon a bond executed by the defendant De WittW. Clinton as principal, and by the other defendants as sureties, conditioned as follows: “ The condition of this obligation is such that, whereas the above bounden De Witt W. Clinton, of Buffalo, Hew York, has been appointed as an agent of the said Western Hew York Life Insurance Company, for the purpose of procuring applications for…
1Opinion of the CourtMiller, J.
The condition of the bond in suit recited that the principal had been appointed an agent of the plaintiffs “ for the purpose of procuring applications for life insur anee and collecting premiums thereon,” and provided for the payment to the plaintiff of all moneys belonging to the company and the faithful discharge of the duties of such agent. At and prior to the time of the delivery of said bond two instruments had been.executed and exchanged between the parties. By one of them the plaintiff appointed De Witt W. Clinton an agent for a territory, which was designated, to procure “…
2Cases cited6 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Grant v. . SmithNew York Court of Appeals · 1871
- Henderson v. MarvinNew York Supreme Court · 1859
- Bagley v. ClarkeThe Superior Court of New York City · 1860
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3Cited by36 opinions
- County of King v. FerryWashington Supreme Court · 1893
- State of New York v. Peerless Ins. Co.New York Court of Appeals · 1986
- Watertown Savings Bank v. MattoonSupreme Court of Connecticut · 1905
- Powers v. . ClarkeNew York Court of Appeals · 1891
- Security National Bank v. Compania Anonima De SegurosNew York Supreme Court · 1959
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