Union Dime Sav. Inst. v. Feltz — 4 N.Y.S. 607

Majority

p. 607

Union Dime Sav. Inst. v. Feltz.

(Supreme Court, General Term, First Department.

January 28, 1889.)

Headnote

Principal and Surety—Release of Surety—Official Bonds.

A bond recited that “if the above bounden, [principal,] who has been appointed clerk of said Union Dime Savings Institution, * * * shall faithfully and honestly discharge his duties as such clerk, or in whatever capacity he may serve said bank, and shall faithfully apply and account for all such moneys, funds, valuables, and property which may come into his hands, or under his control, as such clerk, then this obligation to be void, ” etc. Held, that the sureties were liable for defalcations of the principal in his capacity as teller, to which position he was subsequently appointed. Brady, J., dissenting. Following Savings Inst. v. Neppert, 3 N. Y. Supp. 797 .

Appeal from special term, Hew York county.

Argued before Van Brunt, P. J., and Brady and Macomber, JJ.

W. H. Arnoux, for appellant. Theo. De Witt, for respondent.

For the reasons stated in the opinion in the case of Savings Inst. v. Neppert, 3 N. Y. Supp. 797 , the judgment should be reversed, and new trial ordered, with costs to appellant to abide event.

Macomber, J., concurs. Brady, J., dissents.