American Nat. Bank & Trust Co. v. United States Fidelity & Guaranty Co.

ERVIN, District Judge.

This is an. action at law on an indemnity-bond given the bank to insure it against “any loss through any dishonest or criminal act of any of the employees,” and counts on breach of such bond.

Defendant pleads the following provision of the bond: “The insured shall give to the underwriter written notice of any loss thereunder, as soon as possible after the insured shall learn of such loss and within ninety days after learning of such loss shall file with the underwriter an itemized proof of- claim duly sworn to,” and sets up the failure to give such notice and file such…