Virginia State Insurance v. American Fidelity Co.

Headnote

Virginia State Ins. Co. v. American Fidelity Co., 162 App. Div. 922 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

entered March 14, 1914, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover upon a fidelity bond, executed by defendant as surety, to recover for moneys alleged to have been embezzled, wrongfully abstracted and willfully misapplied by an agent. Three defenses were urged: First, that the bond did not by its terms cover the loss suffered; second, that certain statements made in the applications for the renewal of the bond in question were warranties and were untrue; third, that the moneys received by the agent for which the suit is brought were actually paid over to the respondent.