Southern Surety Co. v. Tyler & Simpson Co.
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, Judge. Action on a fidelity bond by the Tyler & Simpson. Company against the Southern Surety Company. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Carter County; S. H. Russell, Judge. Action on a fidelity bond by the Tyler & Simpson. Company against the Southern Surety Company. Judgment for plaintiff, and defendant brings error. The Southern Surety Company, a corporation, organized under the laws of Oklahoma, and doing business in this state as a surety company, on January 1, 1908, executed to Tyler & Simpson Company, a Texas corporation, authorized to do business in this state, and engaged in the wholesale grocery business at Ardmore, a surety bond in the sum of $5,000, undertaking to indemnify said…
1Opinion of the Court
Opinion by
SHARP, C.
(after stating the facts as above). The several assignments of error may properly be considered under one 'head, and involve the primary question: Was there a breach on the part of the insured of the conditions of the bond such.as would release the surety? That the answers to the questions submitted, taken in connection with the bond itself, constitute in law warranties, we think there can be no reasonable do.ubt. The language of the bond and the employer’s statement show that it was the express intention of the contracting parties that the representations, promises, and…
2Cases cited24 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Union Accident Co. v. WillisSupreme Court of Oklahoma · 1915
- Atchison, T. & S. F. Ry. Co. v. PhillipsSupreme Court of Oklahoma · 1932
- Southwestern Surety Ins. Co v. DavisSupreme Court of Oklahoma · 1915
- Friend v. Southern States Life Ins. Co.Supreme Court of Oklahoma · 1916
- Standard Accident Ins. Co. of Detroit, Mich. v. HiteSupreme Court of Oklahoma · 1913
7 more not listed; retrieve them via the Exa API.