National Slovak Society of the United States ex rel. American Surety Co. of New York v. Matlocha

This is an appeal from an order of the trial court granting a new trial where the verdict of the jury was for plaintiff.

Defendant was a trustee of the plaintiff Slovak society. The American Surety Company gave its bond to indemnify the society against any pecuniary loss “from acts of fraud, dishonesty, forgery, theft, embezzlement, wrongful abstraction, or wilful misapplication” by defendant; the bond expired August 1, 1935.

As part consideration for the execution of the bond defendant executed an agreement to indemnify the American Surety Company against any loss, damage and charges it might…