Legal Opinion

Fidelity Deposit Co. v. Champion Ice Mfg. & Cold Storage Co.

Court of Appeals of Kentucky

Decided March 24, 1909PublishedCited by 15 opinions

Appeal from Kenton Circnit Conrt (Criminal, Common Law an W. McD. Shaw, Judge. Judgment for plaintiff, defendant appeals CLASSIFICATION AND AUTHORITIES. 1. The bond involved is construed as a policy of insurance. The representations of the ice company were not warranties, and section 639 of the statutes applies.

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Appeal from Kenton Circnit Conrt (Criminal, Common Law an W. McD. Shaw, Judge. Judgment for plaintiff, defendant appeals CLASSIFICATION AND AUTHORITIES. 1. The bond involved is construed as a policy of insurance. The representations of the ice company were not warranties, and section 639 of the statutes applies. (Bentham v. Guarantee Company, 7 Exchequer 744; Champion Ice Mfg. & Cold Storage Co. v. American Bonding Co, 115 Ky., 863; Warren Deposit Bank v, Fidelity & Deposit Co., 116 Ky., 38; Fidelity & Guarantee Co. v. Western Bank, 29 R., 639; American Surety Co. v. Pauly, 170 U. S., 133;…

1Opinion of the Court

Opinion of the Court by

Judge Carroll

Reversing :

The appellee storage company had in its employ as bookkeeper Edward S. Blick, and applied to the appellant surety company to execute a policy of fidelity insurance for Blick. Thereupon the surety company .executed its policy in the sum of $2,500, guaranteeing the fidelity of Blick for one year from the 1st day of July, 1900, to the 30th day of June, 1901. The policy, among other things, provided that during said period “It-is hereby agreed'and declared that subject to the provisions and conditions herein contained which shall be conditions…

2Cases cited7 opinions

  1. DeJernette v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1896
  2. Northern Pac. Ry. Co. v. KeyesU.S. Circuit Court for the District of North Dakota · 1898
  3. Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1906
  4. Louisville Bridge Co. v. L. & N. R. R.Court of Appeals of Kentucky · 1903
  5. First National Bank v. Fidelity & Guaranty Co.Tennessee Supreme Court · 1902

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

3Cited by15 opinions

  1. Green v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1915
  2. United States Fidelity & Guaranty Co. v. Citizens National BankCourt of Appeals of Kentucky · 1912
  3. State Ex Rel. Freeling v. New Amsterdam Casualty Co.Supreme Court of Oklahoma · 1925
  4. Appalachian Stave Co. v. PickardCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Time Finance Company v. BeckmanCourt of Appeals of Kentucky (pre-1976) · 1956

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

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