Title Guaranty & Surety Co. v. Nichols
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. The facts are stated in the opinion.
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APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. The facts are stated in the opinion. Where the fact to he proved is evidenced by a written Instrument or other writing, the original writing is the best evidence, and a copy is not admissible unless the original is produced or its absence satisfactorily explained, or unless a -copy is made primary evidence by statute. 17 Cyc., p. 512; Matteson v. Noyes, 25 Ill. 591; Central Branch B. B. v. Walters, 24 Kan. 504; Buthven v. Clarke, 109 Iowa, 25, 79 iST. W. 454.…
1Opinion of the Court
DOAN, J. —
This action was brought in the district court of Maricopa county by W. F. Nichols to recover the sum of $20,000, being the amount of the penalty of a certain fidelity bond executed by the Title Guaranty and Surety Company, a corporation, guaranteeing the honesty of one John L. McDowell, cashier of the Union Bank and Trust Company of Phcenix. The record discloses that the Union Bank and Trust Company is a corporation engaged in a general banking business, and John L. McDowell was its cashier. In March, 1905, the bank applied to the surety company for a fidelity bond, guaranteeing the…
2Cited by9 opinions
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- Dunbar v. SteiertArizona Supreme Court · 1927
- Southern Pacific Co. v. HoganArizona Supreme Court · 1910
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