Title Guaranty & Surety Co. v. Bank of Fulton
Supreme Court of Arkansas
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
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Fidelity Mutual Life Ass'n v. HarrisTexas Supreme Court · 1900
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Supreme Council of Royal Arcanum v. BrashearsCourt of Appeals of Maryland · 1899
- Bostwick v. . Van VoorhisNew York Court of Appeals · 1883
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3Cited by16 opinions
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Brotherhood of Locomotive Firemen & Enginemen v. AdaySupreme Court of Arkansas · 1911
- Holcomb v. American Surety CompanySupreme Court of Arkansas · 1931
- National Surety Co. v. Murphy-Walker Co.Court of Appeals of Texas · 1915
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