New York Court of Appeals

The National Mechanics’ Banking Association, Appellant v. Joseph C. Conkling, Respondents

October 10, 188290 N.Y. 116

Summary

The Court affirmed the lower court’s order, holding that the sureties on the bond were not liable for the embezzlement committed by Joseph C. Conkling after his promotion to teller because the bond’s recital limited the sureties’ obligation to duties performed while he was book‑keeper, and surety liability is strictissimi juris and cannot be extended by construction.