New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-30
SURErIES on BOOKKEEPERS BONDS.

The Court of Appeals last week, in the case
OF the National Mechanics Banking Association against
Enos 5. Conkling and Others gave decision OF wide
reaching importance in regard bonds given by book
keepers and other employees Of banking and mercantile
houses to insure the honest and faithful performance Of
their duties Joseph &. COnkDg was employed by the
plaintiff bank in 1868 bookkeeper, at salary Of
800 To insure his fidelity bond executed by the
defendants in this suit which contained the following
conditions: &" Whereas the above named, The Me
chances Banking Association have appointed the above
named Joseph c. Conkng to the Office of bookkeeper
the SAID associations; and the said Joseph G. COnkg
hath accepted and consented to perform the
duties thereof, now the condition OF this obligation
Is such that II the above named Joseph C. Conkling
shall faithfully fulfil and discharge the duties committed
10 and the trusts repOsed IN HIM ns such bOOkkcCper
and mail also faithfully fulfil and discharge the duties
of any her office, trust employment, relating Ia the
business said association when may be assigned
to him. or which he shall undertake 10 periormi anu
ana cashier Of the said association OF any embez1cueut
OF the money, property or goods belonging to- and OF
any fraud whatever committed upon the said assoca-
ton; any false entry error, mistake or difference OF
accounts IN the books thereof which ne may discover or
which shall to his knowledge as sucn okkeepcr
a. aforesaid while engaged IN any other Office duty
or enployment relative TO the business thereof and
which he may discover, which shall come 10 his
knowledge. any matter or ming whatsoever apper-
t,iuing thereto and shall also faithfully keep all
rts Of the said then tie above Obligation 10
be void otherwise to remain In full force yrtuc."
Mr.. COnkug continued 10 he bOOkkeepcr until 1870,
hts salary being increased after year In 1870 ne
was appointed the receiving teller OF the bank In
creased salary and he continued 10 be and 10 act such
teller until October 1879, when he resigned. Then the
hank officers discovered that $500 OF the bank funds
had been cmbczzlcd by him. The bank brought the
Drrscnt action against the surcles on the bond To
recover the amount enbezzled Judge Earl who writes
the opnion OF the Court OF Appeals, sa There WIS
no breach the condition of the bond while Joseph held
the employment OF bookkeeper, and the question be
determined Is whether according 10 the conditions OF
III. bond the srcties liable for the embezzement
committed by their principal while Hcng teller We
have come TO the conclusion, uOt without some
hesitation and doubt that they are not. ,
principal only while ne was DOOkkeeper; but IT, while
buOkk eper the duties OF any other Office trust or EN-
plOymenI relating to the business OF the bank,
signed hun, their obligation was also To extend
discharge OF those duties lille DOOkRceper he might
Temporarily act as teller discharge the duties oil any
other officer during his temporary Illness absence or
him ard while he was thus engaged the bank WAS 10
have The protection Of the bond. IHeIc are no worIs
binding tue surcies in or the appointment OF their
princpal to any other office. They might have been
Temporarily assigned the discharge her duties
but yet willing be bound If he should appointed
teller OF eGS S 40 ali Pp'H the funds e Possession
bank This IS where the general words
subsequently used must be controlled aud limited by
the rectal. surety Is never 10 be implicated beyond
srichSSi jiris and must not be extended by construc
t0n His contract must be construed by the same rules
which are In the construction OF other contracts
The extent his obligation must be determined from
the guagc used IN the light OF the circumstances
surrounding the tran action But when the intention OF
the parties thus been asceraIneu, then the courts
carefully guard the rights OF the surely aud protect him
against liability not strictly WITHIN the precise
OF his contract"
All the Judges OF the court In the opinion and in
affirming the Judgment absolute against bank
Eugene H. Pomeroy appeared for the bank John IA.
Bergen and Thomas D. Robinson for the deeAdants the
BurctleB.