VILL. OF HERKIMER v. AM. SUR. CO.


18 A.D.2d 94 (1963)

Village of Herkimer, Respondent, v. American Surety Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 5, 1963.


Attorney(s) appearing for the Case

Bliss & Bouck (F. Walter Bliss of counsel), for appellant.

Carl G. Scalise for respondent.

WILLIAMS, P. J., BASTOW, HALPERN and HENRY, JJ., concur in the Per Curiam opinion; GOLDMAN, J., concurs in a separate opinion.


Per Curiam.

This action was brought to recover upon a series of public officer's bonds, issued by the defendant surety company, covering the Clerk Treasurer of the village, for the period from April 1, 1946 to April 1, 1956. Defalcations on the part of the Clerk Treasurer occurred throughout this period, but they were not discovered until 1958, after her retirement from office. This action was commenced on March 20, 1961.

The defendant moved for partial...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases