Importers' & Exporters' Insurance v. Fidelity & Deposit Co.

The Importers’ & Exporters’ Insurance Company of New York brought an action against Charles E. MacMillin and the Fidelity & Deposit Company of Maryland to recover the sum of $8,076.46, which it alleges MacMillin caused it to lose and against which it had been indemnified by a bond of the latter. The plaintiff was awarded judgment against MacMillin for $5,550.41, but was unsuccessful against the surety and it is the judgment in favor of the latter that the plaintiff is ashing this court to review.

The facts out of which the action grows are substantially these: In October, 1927, the plaintiff…