Fidelity & Deposit Co. of Maryland v. Ware

Sid W. Ellery was the state superintendent of banks from November 1, 1931, to August 4, 1932, and the defendant Fidelity & Deposit Company of Maryland was surety on his bond.

The plaintiff, Ware, brought this action against the surety to recover as damages the balance of his deposit, and the balances of the deposits of his several assignors (98 in number), in the Arizona Bank on June 24, 1932, the date said bank was taken over by Ellery for liquidation, claiming that it was through the negligence and unlawful acts of said Ellery in the performance of his official duties that said deposits were…