Queenan v. Maryland Casualty Co.

FRANKLIN E. KENNAMER, District Judge.

This is an action to recover on a fidelity bond executed by C. E. Ashbrook, cashier of the First National Bank of Fairfax, Okl., as principal, and the defendant as surety.

The defendant has elected to stand upon its demurrer to plaintiff’s evidence and the case is now for decision.

Defendant argues that it is entitled to judgment for two reasons: First, because *990the evidence fails to show a loss within the terms of the bond; second, because of failure to institute suit within the time required by the bond.

The bond contained the following provision : “The…