Blank v. Conner

Headnote

Subrogation — loss by employer from dishonesty of employee covered by indemnity bond — repayment by employee of amount with money obtained by fraud from plaintiff— action for subrogation to rights of employer under bond.

Blank v. Conner, 219 App. Div. 789 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 9, 1927, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The complaint alleged that the defendant Manufacturers Trust Company held an indemnity bond of the defendant United States Fidelity and Guaranty Company, indemnifying it against any loss by reason of any dishonesty or criminal act of any of its officers or employees; that the defendant Conner, one of the officers of the Manufacturers Trust Company covered by the said indemnity bond, procured it to cash for him two checks drawn on bis account in another bank; that Conner did not have sufficient funds in the bank to meet the checks and the trust company thereby sustained a loss of $6,050, which it could have recovered on the indemnity bond of United States Fidelity and Guaranty Company; that subsequently Conner obtained $6,000 from the plaintiff by fraud and fraudulent representations, which he used to make good the loss alleged to have been sustained by the Manufacturers Trust Company and that by reason of the premises plaintiff is entitled to be subrogated to the rights of the Manufacturers Trust Company on the indemnity bond of the United States Fidelity and Guaranty Company to recover from the latter the sum which it lost.