Hyperlawhypertext legal database Matthews v. Title Guaranty & Surety Co. 119 N.Y.S. 1134

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Matthews v. Title Guaranty & Surety Co.

119 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1909-12-03 English

Contents

Majority

p. 1134
MATTHEWS et al., Appellants, v. TITLE GUARANTY & SURETY CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
December 3, 1909.)

Headnote

Action by James Blatthews and another against the Title Guaranty & Surety Company.

Motion for reargument denied, without costs. The decision of the appeal was based upon the fact that the statement of the agent’s duties, furnished to the defendant, did not disclose the risk incurred by permitting the agent to keep goods in his own storehouse until he could sell them, by which risk all the loss sued for was occasioned. See, also, 118 N. Y. Supp. 1124 .