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LETENDRE v. HARTFORD ACC. & IND.

27 A.D.2d 205 (1967)

Victor E. Letendre, Respondent, v. Hartford Accident and Indemnity Company, Appellant

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

March 15, 1967.

Attorney(s) appearing for the Case

McClung, Peters & Simon (Homer E. Peters of counsel), for appellant.

Arthur J. Harvey and Thomas F. Farrell for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur in opinion per HERLIHY, J.; GIBSON, P. J., in a separate memorandum, in which HERLIHY, REYNOLDS and AULISI, JJ., concur; STALEY, JR., J., concurs in the result.

HERLIHY, J.

This is an appeal by the defendant surety from a judgment entered upon a jury verdict in favor of the plaintiff-obligee resulting from alleged peculation by its principal.

The contention of the defendant upon this appeal is that the case of Hatch v. Elkins (65 N.Y. 489 [1875]) establishes that statements of any principal made after the acts to which they relate are not binding or admissible against his surety. This case has...

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