Traders' Insurance v. Herber
Supreme Court of Minnesota
Appeal -by defendants Herman C. Strelow and another from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. If the creditor conceals from the surety the fact that the principal has been-a defaulter, the surety will be discharged. 24 Am. &. Eng. Enc. Law, 798; Franklin Bank v. Cooper, 36 Me. 179; Dinsmore v. Tidball, 34 Ohio St. 411; Graves v. Lebanon N. Bank, 10 Bush, 23; Wayne v. Commercial N. Bank, 52 Pa.
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Appeal -by defendants Herman C. Strelow and another from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. If the creditor conceals from the surety the fact that the principal has been-a defaulter, the surety will be discharged. 24 Am. &. Eng. Enc. Law, 798; Franklin Bank v. Cooper, 36 Me. 179; Dinsmore v. Tidball, 34 Ohio St. 411; Graves v. Lebanon N. Bank, 10 Bush, 23; Wayne v. Commercial N. Bank, 52 Pa. St. 343; West-era N. Y. L. I. Co. v. Clinton, 66 N. Y. 326; Maltby’s Case, 1 Dow, 294; Eailton v. Matthews, 10 Clark & Fin. 934. Mere…
1Opinion of the Court
CANTY, J.2
This is an action on a bond, dated November 10, 1894, and made to plaintiff by the defendants Herber & Paine as principals and the other defendants as sureties. The condition of the bond so far as it is necessary here to recite the same, is as follows:
'‘The condition of this 'obligation is such that, whereas, the above-named Herber & Paine have been appointed agents of the Traders’ Insurance Company, in Minneapolis, county of Hennepin, and state of Minnesota, who will receive, as such agents, sums of money for premiums, payment of losses, salvages, collections, or otherwise, for…
2Cited by4 opinions
- Capital Fire Insurance v. WatsonSupreme Court of Minnesota · 1899
- Star Insurance Co. of America v. CareySupreme Court of Kansas · 1928
- Union Central Life Insurance v. PriggeSupreme Court of Minnesota · 1903
- Powers Dry-Goods Co. v. HarlinSupreme Court of Minnesota · 1897