Saint Paul Mercury Indemnity Co. v. Guntzburger

Julius J. Olson, Justice.

Plaintiff prevailed in its action to recover upon a promissory note. The only answering defendant is appellant, August Guntzburger (so Ave shall hereafter refer to him alone as defendant), who appeals from an order denying his motion for new trial after the court had instructed the jury to return a verdict against him.

Plaintiff is a corporation engaged in the business of underwriting, as surety, fidelity contracts of persons holding positions of trust, particularly for those who by virtue of their employment have the handling of funds for their employers. As such it…