Legal Opinion

United States Fidelity & Guaranty Co. v. Walker

Court of Appeals for the Fifth Circuit

Decided January 24, 1918No. 3147PublishedCited by 13 opinions

In Error to the District Court of the United States for the Middle District of Alabama; Henry D. Clayton, Judge. Action by A. E. Walker, Superintendent of the Banks of the State of Alabama, liquidating the Clanton Bank, against the United States Fidelity & Guaranty Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WALKER, Circuit Judge.

This was an action on a bond or contract by which the plaintiff in error obligated itself, subject to stated conditions, “to make good and reimburse” the Clanton Bank “such pecuniary loss as may be sustained by” the bank within a period named “by reason of the fraud or dishonesty of” E. A. Mathews, its cashier, “in connection with the duties of his office or position, amounting to embezzlement or larceny.” Among the conditions stated in the bond were the following:

“That on the discovery of any act capable of giving rise to a claim hereunder, the employer shall at the…

2Cases cited3 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
  3. American Surety Company v. PaulySupreme Court of the United States · 1898

3Cited by13 opinions

  1. Central National Life Insurance Company v. Fidelity and Deposit Company of Maryland, in No. 78-1768, in No. 78-1769 v. Louis K. Risken and C. Ritchey Smiley, Third Party in No. 78-1768, in No. 78-1769Court of Appeals for the Third Circuit · 1980
  2. United States Fidelity & Guaranty Co. v. Bank of ThorsbyCourt of Appeals for the Fifth Circuit · 1931
  3. Federal Deposit Insurance v. Aetna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1970
  4. Federal Deposit Insurance Corporation v. Aetna Casualty and Surety CompanyCourt of Appeals for the First Circuit · 1970
  5. AMERICAN EMPLOYERS'INS. CO. v. CableCourt of Appeals for the Fifth Circuit · 1939

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