Mitchell Grain & Supply Co. v. Maryland Casualty Co.

The opinion of the court was delivered by

Mason, J.:

The Mitchell Grain & Supply Company, a corporation dealing in grain, live stock and coal, employed F. H. Biesemeyer as its manager, the Maryland Casualty Company executing a bond for him. He served in that capacity for about four years. His employer brought an action against the surety company alleging that he was short in his accounts. The plaintiff recovered judgment and the defendant appeals.

1. The trial was had without a jury. The court found a shortage evidenced by the difference between the cash shown by the books kept by the manager to…