Wishek v. United States Fidelity & Guaranty Co.

The pertinent matters on this appeal are well stated in the memorandum opinion of the trial judge as follows:

“This action is brought to recover the penalty, $2,000, of a fidelity bond, issued by the defendant to the plaintiffs, covering the fidelity of one George W. Freund, as a grain buyer, in an elevator owned 'by plaintiffs, at Danzig, ,N. D. The bond, while being more liberal than some of its kind, covers loss occurring through the larceny or embezzlement of the employe, in the business; and,- as the evidence shows conclusively that, if any loss is proved,, it resulted from what amounts,…