Bagby's Administrator v. American Surety Co.

*79OpinioN op the Coubt by

Judge Hannah

— Reversing.

Emmett S. Bagby was assistant cashier of the City National Bank of Paducah. As such be executed a bond to tbe bank for the faithful performance of his duties. The American Surety Company of New York was his surety upon the bond.

During the life of the bond, it was charged that Bagby had embezzled the sum of $2,020 from the bank. Upon being confronted with this accusation he took his . own life. The bank thereupon presented a demand upon the Surety Company for reimbursement of the amount so alleged to have been embezzled; and the surety company,…