Lancashire Insurance v. Callahan
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for St. Louis county against her, as surviving executrix of the will of Jonathan G. Callahan, deceased, for $696.72, entered pursuant to the findings and order of Moer, J. The surety upon a bond of an insurance agent is released where such agent, before the default is complained of, had committed other faults of the same kind for which the company might have dismissed him, but the company, knowing thereof, omitted to…
Read the full summary
Appeal by defendant from a judgment of the district court for St. Louis county against her, as surviving executrix of the will of Jonathan G. Callahan, deceased, for $696.72, entered pursuant to the findings and order of Moer, J. The surety upon a bond of an insurance agent is released where such agent, before the default is complained of, had committed other faults of the same kind for which the company might have dismissed him, but the company, knowing thereof, omitted to inform the surety and continued the agent in service, and the defaults complained of were committed during such…
1Opinion of the CourtStart, C. J.
This is an action upon a bond to the plaintiff given by the defendant’s testator as surety for William A. Teall. Trial by the court without a jury, and judgment for the plaintiff, from which the defendant appeals.
Teall was the agent of the plaintiff at Eau Claire, Wis., and the bond was conditioned for the faithful performance of his duties as such agent, which were to keep correct accounts of the business of his agency, to make regular reports of it, to pay over moneys collected by him, and to deliver up all money and property of the plain*279tiff in his possession at the termination of his…
2Cases cited5 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Charlotte, Columbia & Augusta Railroad v. GowSupreme Court of Georgia · 1877
- Kumler v. FergusonSupreme Court of Minnesota · 1875
3Cited by20 opinions
- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Paxton v. StateNebraska Supreme Court · 1899
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- Federal Union Surety Co. v. Indiana Lumber & Manufacturing Co.Indiana Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.