City of Seaside v. Oregon Surety & Casualty Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action brought by the plaintiff, City of Seaside, a municipal corporation, to recover the sum of $7,949.09 together with interest thereon at the rate of 6 per cent per annum from November 4, 1910, upon a bond to insure the fidelity of E. N. Henninger, as treasurer of Seaside, during his term of office of two years.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Bean. This is an action brought by the plaintiff, City of Seaside, a municipal corporation, to recover the sum of $7,949.09 together with interest thereon at the rate of 6 per cent per annum from November 4, 1910, upon a bond to insure the fidelity of E. N. Henninger, as treasurer of Seaside, during his term of office of two years. It was executed and delivered by E. N. Henninger and the Union Guarantee Association to the plaintiff on March 9, 1910, and later, the defendant, Oregon Surety & Casualty Company, took over the…
1Opinion of the CourtJustice Bean
The defendant contends that the policy only guaranteed the honesty and integrity of Henninger as treasurer, and did not insure the repayment, of the fund to the city in any event or provide against technical or statutory larceny as is provided in Section 1957, L. O. L. The plaintiff contends that because of that section the defendant was liable upon the policy when the treasurer did not repay the sum received by him, and the trial court so ruled and charged that larceny as mentioned in the obligation of defendant included *629the definition of larceny contained in Section 1957, L. O. L. At the…
2Cases cited13 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Templeton v. BocklerOregon Supreme Court · 1914
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Holtz v. OldsOregon Supreme Court · 1917
- Sorenson v. Oregon Power Co.Oregon Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Delaney v. Georgia-Pacific Corp.Court of Appeals of Oregon · 1979
- Jones Land & Livestock Co. v. SeawellOregon Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.