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SMITH v. ST. PAUL FIRE & MARINE INS. CO.

DISTRICT COURT, E.D. NEW YORK


September 25, 1942

SMITH
v.
ST. PAUL FIRE & MARINE INS. CO.

Supplemental Opinion.

The memorandum of decision bearing date of September 15, 1942, was written 13 days after the motion had been referred to me, and during that interval no briefs were received, nor had it been intimated that any would be filed. At the request of plaintiff's attorney for the consideration of briefs, made after the memorandum had been handed down, such have been submitted and the matter has been reexamined in the light of plaintiff's written argument.

The decision announced will be adhered to, since no legal reason for other or different disposition has been presented.

While the provisions of the final judgment are to be determined by another judge, it may be appropriate here to state that it is not my understanding, as the result of the proceedings had before me, that the plaintiff is to be held liable in her personal capacity for more than she was so accountable for, namely: (a) the unaccounted for receipts that were chargeable to her from and after the date that she undertook to operate the business of the Smith Agency as her individual enterprise, until she surrendered the business to the defendant; and possibly, (b) any funds that she received as beneficiary under her husband's will from other assets which may have been distributed to her by the executrix, to the extent of her deceased husband's withholdings from the defendant, as established in the accounting ordered in the Equity side of the court.

 Order denying motion to be settled on 2 days' notice.

19420925

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