Lombard Investment Co. v. American Surety Co.
U.S. Circuit Court for the District of Western Missouri
Action by the Lombard Investment Company against the American Surety Company on an employer’s indemnity bond. This cause is submitted to the court on an agreed statement of facts, the substance of which is that the defendant company executed to the plaintiff company four indemnifying bonds, for one year each, covering the years from November 3, 1888, to November 1, 1889; from November 1, 3889, to November 1, 1S90; from November 1, 1890, to November 1, 1891; and from November…
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Action by the Lombard Investment Company against the American Surety Company on an employer’s indemnity bond. This cause is submitted to the court on an agreed statement of facts, the substance of which is that the defendant company executed to the plaintiff company four indemnifying bonds, for one year each, covering the years from November 3, 1888, to November 1, 1889; from November 1, 3889, to November 1, 1S90; from November 1, 1890, to November 1, 1891; and from November 1, 1891, to November 1, 1892. These bonds wore to guaranty the plaintiff against loss in consequence of the employment…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). The questions presented on the agreed statement of fácts for the determination of the court are as to the proper construction of the provisions of the indemnity bonds. In respect of the first bond, it is contended by the plaintiff that the liability of the defendant thereon continued for six months after the final retirement of the employé from the sendee of the plaintiff, and the discovery of the loss, in 1892. This proposition the defendant controverts, and contends that the period of limitation for the discovery of the default of the employé, under the first…
2Cases cited1 opinion
- Whitmore v. CoatsSupreme Court of Missouri · 1851
3Cited by6 opinions
- Mayor of Brunswick v. HarveySupreme Court of Georgia · 1902
- Ladies of the Modern Maccabees v. Illinois Surety Co.Michigan Supreme Court · 1917
- Thompson v. American Surety Co. of New YorkCourt of Appeals for the Eighth Circuit · 1930
- Chicora Bank v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1931
- Webster v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1934
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