107 N.Y.S. 913 | N.Y. Sup. Ct. | 1907
Hone of the cases cited 'in support of the petition is similar in its facts to the case in hand. In Massachusetts Mutual Life Ins. Co. v. Carpenter, 49 N. Y. 668, the moneys for which the defendant was sought to be Reid liable had been lost through the embezzlement of a clerk selected and employed by the defendant. Heither is the case like Matter of McGuinness, 69 App. Div. 606) where also the loss occurred through the fraud of a clerk employed by the respondents. In this, case the loss did not occur by reason of the wrongdoing of any one selected by the respondent, but solely through the failure of the bank in which the moneys had been deposited. They were deposited, it is true, by the attorney in his own name and in his own bank account, but
Motion denied, without costs.