Legal Opinion

Title Guaranty & Surety Co. v. Bank of Fulton

Supreme Court of Arkansas

Decided February 15, 1909PublishedCited by 16 opinions

Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Delivery and acceptance were necessary to the validity of the bond.

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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Delivery and acceptance were necessary to the validity of the bond. Stearns of Sur., § 141. And the burden of showing this was on the plaintiff. 100 N. W. 138; 14 Cal. 421; 21 Id. 585; 151 Mass. 460. Written statements made by a corporation in an application to a bonding company for a bond guarantying the honesty of employees are in the nature of warranties, and their falsity will defeat a recovery on the bond. 19 Gyc. 523; 81 N. E. 330. Statements by an employer in support of his employee’s declaration are warranties. 97 N. W. 836;…

1Opinion of the CourtFrauenthar, J.

On June 22, 1906, T. C: Hockersmith was the cashier of the Bank of Fulton, and he had been such cashier for some time prior to that date. On that day he made application for a surety bond guarantying his fidelity as such cashier to Duncan, Horton & Robinson, located at Poplar Bluff, Missouri, who were the local agents of the Title Guaranty & Surety Company. On the same day Duncan, Horton & Robinson transmitted by mail the application to Title Guaranty & Surety Company, at Scranton, Pa., the domicil of that company, and in their letter stated that the application, was for bond in the sum of…

2Cases cited8 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Fidelity Mutual Life Ass'n v. HarrisTexas Supreme Court · 1900
  3. American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
  4. Supreme Council of Royal Arcanum v. BrashearsCourt of Appeals of Maryland · 1899
  5. Bostwick v. . Van VoorhisNew York Court of Appeals · 1883

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3Cited by16 opinions

  1. Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
  2. United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
  3. Brotherhood of Locomotive Firemen & Enginemen v. AdaySupreme Court of Arkansas · 1911
  4. Holcomb v. American Surety CompanySupreme Court of Arkansas · 1931
  5. National Surety Co. v. Murphy-Walker Co.Court of Appeals of Texas · 1915

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