· 3/25/1986
State of New York v. Peerless Ins. Co.
Citations
- 67 N.Y.2d 845
- 492 N.E.2d 779
- 501 N.Y.S.2d 651
- 1986 N.Y. LEXIS 17589
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a surety’s “guarantee induced by fraudulent misrepresentation or concealment of a material fact is void”
- no duty running from plaintiff State to surety such as would impose liability on plaintiff for negligence in continuing to sell to principal on credit and accepting uncertified checks as payment after several previous checks had been returned for insufficient funds
- “It has long been settled in this State that absent either an express agreement in the surety bond or inquiry by the surety, a creditor has no duty to keep the surety informed of the debtor’s financial situation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., Concur
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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