MacKENNAN v. AM. CAS. CO. OF READING, PENNSYLVANIA


169 A.D.2d 709 (1991)

Robert A. MacKennan, as Temporary Substitute Conservator for Helen H. MacKennan, Appellant, v. American Casualty Company of Reading, Pennsylvania, Defendant and Third-Party Plaintiff-Respondent. Neil Reardon, Individually and as Administrator of The Estate of Edith M. Reardon, Deceased, Third-Party Defendant-Respondent

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

January 14, 1991


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly directed the defendant surety to repay only those funds misappropriated from the conservatee's estate by the principal Edith M. Reardon. A surety's liability is derived from the liability of the principal, and thus as a general rule, a surety's liability may not...

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