Bank of Waterproof v. Fidelity & Deposit Co.

WAEKER, Circuit Judge.

This was an action by the plaintiff in error (herein called the bank) on a bond made to it by the defendant in' error (herein called the bonding company), whereby the latter bound itself to reimburse the bank to the extent of the sum of $5,000 for such pecuniary loss of moneys, securities, or other personal property sustained by the bank by any dishonest act or acts committed by its cashier, C. D. Brigham, in the performance of the duties of said position. It was alleged and proved that during the time covered by the bond Brigham embezzled a large amount of the moneys of…