DeJernette v. Fidelity & Casualty Co.
Court of Appeals of Kentucky
Case 87 — PETITION ORDINARY — APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. Even giving to the language of the covenant a strained, technical meaning, the fraud of Ramsey was such as amounted to embezzlement. (Johnson v. Commonwealth, 5 Bush, 430; Warmoth v. Commonwealth, 81 Ky., 133; Commonwealth v. Clifford, 16 Ky.
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Case 87 — PETITION ORDINARY — APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. Even giving to the language of the covenant a strained, technical meaning, the fraud of Ramsey was such as amounted to embezzlement. (Johnson v. Commonwealth, 5 Bush, 430; Warmoth v. Commonwealth, 81 Ky., 133; Commonwealth v. Clifford, 16 Ky. L. R., 184.) 2. The appellee having led the appellant to believe it had issued a second renewal receipt, and the employed having been trusted on the strength of that conduct, appellee is now estopped to deny that it had issued such renewal receipt, and its liability is to be tested…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
■ DeJernette was elected sheriff of Breckinridge county, and in January, 1891, qualified as such, withW. I. Ramsey as his deputy. To indemnify DeJernette against loss, on account of his deputy’s fraud or dishonesty, the Fidelity and Casualty Co., of New York, executed and delivered to him its bond, to cover the period from January 19,1891, to January 19, 1892. Among others there is a provision in the bond as follows: “It is hereby declared and agreed that, during such term or any subsequent renewal of such term, * * * the company shall, at the…
2Cases cited2 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
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- Massachusetts Bonding & Insurance Co. v. Dallas Steam Laundry & Dye WorksCourt of Appeals of Texas · 1935
- A.B.S. Clothing Collection, Inc. v. Home InsuranceCalifornia Court of Appeal · 1995
- Hartford Acc. & Indem. Co. v. SheffieldDistrict Court of Appeal of Florida · 1979
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