Fidelity and Deposit Co. of Md. v. Boundy

Plaintiff’s petition filed August 2, 1939, seeks recovery of the amount paid by it on December 13, 1933, to the Special Deputy Commissioner of Finance of the State of Missouri in charge of property and affairs of AYest St. Louis Trust Company, in liquidation, which payment was made by reason of defalcations by defendant, who was an employee of the Trust Company. The plaintiff seeks to escape the effect of the Statute of Limitations (Section 1014, R. S. 1939) by an allegation in the petition that subsequent to the 13th day of December, 1933, and prior to the date of filing suit, the defendant,…