Escott v. National Surety Co. — 219 N.Y. 613

Majority

p. 613

Alice E. Escott, as Administratrix de Bonis Non of the Estate of Thomas E. Kerr, Deceased, Respondent, v. National Surety Company, Appellant.

Headnote

Escott v. National Surety Co., 169 App. Div. 911 , affirmed.

(Argued November 1, 1916;

decided November 21, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 18, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The

p. 614

action is to recover on a bond executed by the Empire State Surety Company as surety for William Gr. Kerr, as administrator of Thomas E. Kerr, deceased, dated 16th day of June, 1911, and a contract of re-insurance between said Empire State Surety Company and defendant, National Surety Company, dated September 18, 1912. It is undisputed that the administrator embezzled large sums of money from the estate; that he was removed by the Erie county surrogate; the plaintiff appointed administratrix cle bonis non and that the amount of the shortage was duly fixed in proceedings before said surrogate. The question was as to the defendant’s liability under the re-insurance agreement.

Franklin D. L. Stowe for appellant.

Hamilton Ward and Emil F. Lein for respondent.

Judgment affirmed, with costs; no opinion.

Concur:. Willard Bartlett, Oh. J., Hiscook, Chase, Collin, Hogan, Cardozo and Pound, JJ.