Legal Opinion

Goldman v. Fidelity & Deposit Co.

Wisconsin Supreme Court

Decided June 23, 1905PublishedCited by 8 opinions

Appeal from a judgment of tbe circuit court for Brown county: Samuel D. HastiNgs, Circuit Judge. Action upon a bond conditioned for tbe reimbursing to tbe plaintiff such pecuniary loss as be might suffer by any act of larceny or embezzlement on tbe part of one O’Brien, bis employee; tbe complaint alleging an embezzlement to tbe amount of $470. Tbe bond was issued upon tbe application of O’Brien, but, before its issue, a statement from tbe plaintiff was obtained upon a…

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Appeal from a judgment of tbe circuit court for Brown county: Samuel D. HastiNgs, Circuit Judge. Action upon a bond conditioned for tbe reimbursing to tbe plaintiff such pecuniary loss as be might suffer by any act of larceny or embezzlement on tbe part of one O’Brien, bis employee; tbe complaint alleging an embezzlement to tbe amount of $470. Tbe bond was issued upon tbe application of O’Brien, but, before its issue, a statement from tbe plaintiff was obtained upon a written blank declaring tliat tbe company desired answers to tbe questions therein as. conditions-precedent and as tbe basis…

1Opinion of the CourtDodge, J.

Certain general views and conclusions will dispose of a considerable number of the very many objections raised by appellant to a recovery upon the guaranty bond, without the necessity of detailed consideration. Among such is the rule that neither falsity of any of the statements contained in plaintiff’s so-called “application,” whether they be deemed representations or warranties, nor any omission upon *393wbicb, under tbe bond, appellant might claim a forfeiture, •can be available except as they have been expressly pleaded. The plaintiff is not required, in the first instance, to prove the truth…

2Cases cited13 opinions

  1. Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
  2. Kinney v. CrockerWisconsin Supreme Court · 1864
  3. Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
  4. Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
  5. Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902

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3Cited by8 opinions

  1. French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
  2. United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
  3. Lam Yee v. StateWisconsin Supreme Court · 1907
  4. Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
  5. City of Marinette v. Goodrich Transit Co.Wisconsin Supreme Court · 1913

3 more not listed; retrieve them via the Exa API.

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