Indemnity Ins. Co. of North America v. Holiway

FOSTER, Justice.

This is an action at law tried by the court without a jury upon the basis of a fidelity bond or insurance contract. It is dated February 3, 1927, and recites that plaintiff has intrusted to one J. R. McGarry the sum of $18,000 to be invested, and the proceeds paid to plaintiff. The contract or bond was conditioned to indemnify and hold plaintiff harmless from any loss she might sustain by reason of the acts of McGarry, amounting to larceny or embezzlement.

The pleas were in short by consent of any matter shown by the evidence.

The evidence was that prior to the execution of the…