Bissinger & Co. v. Massachusetts Bonding & Ins.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by Bissinger & Company, a corporation, to recover from the Massachusetts Bonding and Insurance Company, a corporation, $3,000, the amount of an indemnity bond issued by the defendant, to save the plaintiff harmless against loss by the larceny or embezzlement of Eugene Henle, one of its employees. From a judgment for the sum demanded in the complaint the defendant appeals.
1Opinion of the CourtJustice Moore
It is contended that an error was committed in refusing to direct a verdict for the defendant, on the ground that the undisputed evidence showed that the plaintiff’s proper agent, in response to printed inquiries in the application for fidelity insurance, made written promissory answers concerning the risk, which replies were expressly made warranties, and not having been performed rendered the guaranty void. The evidence discloses that the plaintiff is a dealer in hides, pelts, tallow, etc., having a general place of business at Portland, Oregon, and maintaining a branch house at Boise,…
2Cases cited12 opinions
- Dalrymple v. Covey Motor Car Co.Oregon Supreme Court · 1913
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Coffin v. HutchinsonOregon Supreme Court · 1892
- Modern Woodmen of America v. VincentIndiana Court of Appeals · 1907
- Willoughby v. Fidelity & Deposit Co.Supreme Court of Oklahoma · 1906
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3Cited by1 opinion
- Metropolitan Club v. Massachusetts Bonding & InsuranceWashington Supreme Court · 1923