74 N.Y.S. 561 | N.Y. App. Div. | 1902
In November, 1899, the plaintiff was employed by the F. Hollender Company as a salesman and collector, and before entering upon his employment he Was required to give to that company a bond of indemnity, in a specified sum, conditioned for the faithful performance of his duties, which he procured from the defendant. Before the defendant issued the bond it requested the plaintiff to " give it the names of five persons to whom it could refer as to his integrity. The names were furnished and the defendant having satisfied itself, by correspondence with such persons, as to the
“ Dear Sir. —• On October 1st we mailed you one of our inquiry blanks, requesting you to send us such information as you had concerning Mr. Alfred Ginsberg Who applied to us for a fidelity bond as salesman and collector for the Fr. Hollender Co., of New York City, and it was owing tó the favorable character of your replies and your endorsement on the blank that we executed the bond as applied for. We are now informed that Ginsberg has disappeared with certain cash collections and we are unable to locate him. In view of these conditions, we will be greatly obliged if you will give Us such information as you have or may be able to obtain which may aid us in locating the defaulter. Awaiting the favor of your early ■ reply, we beg to remain,
“Yours truly,
“J. P. STEFFNER,
“ Superintendent.”
Sometime thereafter the plaintiff was located, and after considerable effort on the part of the Hollender Company he turned over to it all the money which he had collected, and thereafter he brought this action to recover damages for libel, .based upon the statement . contained in the letter just quoted, that he Was a defaulter. He-, had a verdict for $300, upon which judgment was entered from which the defendant has appealed.
Upon both grounds, therefore, it seems to us the judgment and order must 'be reversed and a new trial ordered, with costs to the appellant to abide the event.
Van Brunt, P. J., Patterson, O’Brien and Laughlin, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event. •