Farmers State Bank v. Title, Guaranty & Trust Co.
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Hon. J. B. Johnson, Judge. (1) Before there could be any liability under the bond it was necessary for the employer to introduce such proof as would convict the employee of the crime of embezzlement or larceny. Embezzlement and larceny are both terms of the criminal law and in no respect are they terms of contract law; their meaning therefore, is to be found in the criminal code. Reed v. Fidelity & Casualty Co., 189 Pa.
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Appeal from Dade Circuit Court. — Hon. J. B. Johnson, Judge. (1) Before there could be any liability under the bond it was necessary for the employer to introduce such proof as would convict the employee of the crime of embezzlement or larceny. Embezzlement and larceny are both terms of the criminal law and in no respect are they terms of contract law; their meaning therefore, is to be found in the criminal code. Reed v. Fidelity & Casualty Co., 189 Pa. St. 596; Guarantee Co. v. Bank, 100 Fed. 559; Mfg. Co. v. U. S. F. & G. Co., 60 S. O. 128; N. K. Fairbank Co. v. Bonding & Trust Co., 97 Mo.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff is an incorporated bank under the laws of this State, located in Greenfield, Dade county. On the 27th day of July, 1905, one H. C. Woolf was elected its cashier and entered upon the discharge of his duties as such on the 12th day of August following. Prior thereto, he applied to the defendant to make his bond to the plaintiff in the sum of $10,000. The application was in writing and signed by Woolf and E. H. Daughtry, a director of the bank. The defendant executed the bond applied for in consideration of a premium of thirty dollars paid by the bank and the same was delivered to…
2Cases cited6 opinions
- City Trust, Safe Deposit & Surety Co. v. LeeIllinois Supreme Court · 1903
- Monongahela Coal Co. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Fifth Circuit · 1899
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. SchilbSupreme Court of Missouri · 1900
- Guarantee Co. of North America v. Mechanics' Sav Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1900
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3Cited by4 opinions
- Cheatham v. ChartrauMissouri Court of Appeals · 1944
- United States Fidelity & Guaranty Co. v. HughesCourt of Appeals for the Tenth Circuit · 1930
- Montana A.F. Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- First State Bank of Dunn Center v. Northern Trust Co.North Dakota Supreme Court · 1922