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PUBLIC WAREHOUSES v. FIDELITY & DEPOSIT CO.

No. 440.

77 F.2d 831 (1935)

PUBLIC WAREHOUSES OF MATANZAS, Inc., et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Second Circuit.

June 10, 1935.

Attorney(s) appearing for the Case

Marvin & Bergh, of New York City (Louis O. Bergh, of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts, Richard L. Sullivan, and Joseph F. Luley, all of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

This action is to recover losses sustained due to defalcations of appellees' employee while in their service. The appellant by its fidelity bond underwrote his and other employees' honesty. Misappropriations took place in the period from September 12, 1927, to June 17, 1931 by one Acosta, an employee. The dishonest servant was treasurer of the appellee Public Warehouses of Matanzas, Inc., a wholly owned subsidiary of the appellee Munson Steamship...

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