Fidelity & Casualty Co. of New York v. Crays
Supreme Court of Minnesota
Action in the district court for Faribault county to recover $265.-80, being the amount paid by plaintiff to the Peavey Elevator Company, defendant’s employer, on account of an alleged shortage- of defendant, upon a bond executed by plaintiff in favor of the Elevator Company. The case was tried before Quinn, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for Faribault county to recover $265.-80, being the amount paid by plaintiff to the Peavey Elevator Company, defendant’s employer, on account of an alleged shortage- of defendant, upon a bond executed by plaintiff in favor of the Elevator Company. The case was tried before Quinn, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. Plaintiff made out a prima facie case by introducing in evidence defendant’s application for a bond, the bond, the claim' of loss put in by the elevator company, and the voucher signed…
1Opinion of the CourtMitchell, J.
E. W. Crays was the original defendant in this action. He subsequently died, and the administratrix of his estate was substituted in his place, but for convenience we shall refer to the deceased as the defendant. The plaintiff is what is termed a “guaranty insurance company,” engaged in the business of guarantying employers against the fraud or dishonesty of their employees. This action was brought to recover money alleged to have been paid to the Peavey Elevator Company, defendant’s employer, upon a bond by which the plaintiff obligated itself to make good and reimburse to the elevator…
2Cases cited2 opinions
- Fidelity & Casualty Co. v. EickhoffSupreme Court of Minnesota · 1895
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1887
3Cited by15 opinions
- Village of Plummer v. Anchor Casualty Co.Supreme Court of Minnesota · 1953
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- Haines v. Modern Woodmen of AmericaSupreme Court of Iowa · 1920
- Fidelity & Deposit Co. v. DavisSupreme Court of Kansas · 1930
- Ellis v. Interstate Business Men's Accident Ass'nSupreme Court of Iowa · 1918
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