Phillips-Jones Co. v. Fidelity & Deposit Co.

Majority

p. 524

Phillips-Jones Company, Inc., Appellant, v. Fidelity and Deposit Company of Maryland, Respondent.

Headnote

Contract — fidelity bonds — defense of breach of warranty in action upon fidelity bond.

Phillips-Jones Co., Inc., v. Fidelity & Deposit Co., 200 App. Div. 629 , affirmed.

(Argued January 17, 1923;

decided February 2, 1923.)

Appeal from a judgment, entered April 19, 1922, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover upon a fidelity bond insuring the plaintiff against larceny or embezzlement by an employee. The defense was violation of certain warranties contained in the application of the bond in that plaintiff failed to require of its employee weekly or monthly statements and weekly remittances of money and failed to make required examinations of his books.

p. 525

Benjamin Reass, Hugo Hirsh and Emanuel Newman for appellant.

Eli J. Blair and Livingston Platt for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.