MacKennan v. American Casualty Co. of Reading, Pennsylvania

Appellate Division of the Supreme Court of New York

MacKennan v. American Casualty Co. of Reading, Pennsylvania

169 A.D.2d 709, 564 N.Y.S.2d 462, 1991 N.Y. App. Div. LEXIS 449

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1991

StatusPublished

Cited by3 cases

This text of 169 A.D.2d 709 (MacKennan v. American Casualty Co. of Reading, Pennsylvania) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MacKennan v. American Casualty Co. of Reading, Pennsylvania, 169 A.D.2d 709, 564 N.Y.S.2d 462, 1991 N.Y. App. Div. LEXIS 449 (N.Y. Ct. App. 1991).

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Opinion

In an action to recover on the surety bond of the late Edith M. Reardon as conservator for Helen H. MacKennan, the plaintiff appeals from so much of an order of the Supreme Court, Dutchess County (King, J.), dated June 6, 1989, as directed the defendant to pay $11,800 plus costs and disbursements to the estate of Helen H. MacKennan.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff’s contention, the Supreme Court properly directed the defendant surety to repay only those [710]*710funds misappropriated from the conservatee’s estate by the principal Edith M. Reardon. A surety’s liability is derived from the liability of the principal, and thus as a general rule, a surety’s liability may not exceed that of the principal (see, United States v Seaboard Sur. Co., 817 F2d 956, cert denied 484 US 855; Jones v Gelles, 167 AD2d 636; Riverside Iron Works v Insurance Co., 156 AD2d 919). Accordingly, the surety’s liability at bar does not encompass funds misappropriated by the third-party defendant after the principal’s death. Sullivan, J. P., Eiber, Harwood and Balletta, JJ., concur.

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In an action to recover on the surety bond of the late Edith M. Reardon as conservator for Helen H. MacKennan, the plaintiff appeals from so much of an order of the Supreme Court, Dutchess County (King, J.), dated June 6, 1989, as directed the defendant to pay $11,800 plus costs and disbursements to the estate of Helen H. MacKennan.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff’s contention, the Supreme Court properly directed the defendant surety to repay only those [710]*710funds misappropriated from the conservatee’s estate by the principal Edith M. Reardon. A surety’s liability is derived from the liability of the principal, and thus as a general rule, a surety’s liability may not exceed that of the principal (see, United States v Seaboard Sur. Co., 817 F2d 956, cert denied 484 US 855; Jones v Gelles, 167 AD2d 636; Riverside Iron Works v Insurance Co., 156 AD2d 919). Accordingly, the surety’s liability at bar does not encompass funds misappropriated by the third-party defendant after the principal’s death. Sullivan, J. P., Eiber, Harwood and Balletta, JJ., concur.

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Bluebook (online)

169 A.D.2d 709, 564 N.Y.S.2d 462, 1991 N.Y. App. Div. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackennan-v-american-casualty-co-of-reading-pennsylvania-nyappdiv-1991.

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