Montana Life Ins. v. American Surety Co. of New York

(after stating the facts as above). The plaintiff assigns as error that the court refused to adopt as its own the plaintiff’s requested findings of fact, in substance, that on September 28, 1922, the defendant by its letter of that date advised the plaintiff that it would consider the giving of a new bond on said bank on November 1, 1922; that on November 1, 1922, the plaintiff, presented to defendant its application for the issuance of a bond in the sum of $9,000 on said bank to secure the plaintiff’s moneys therein; that it was then known and understood by the defendant that the plaintiff’s…