Oklahoma Sash & Door Co. v. American Bonding Co.
Supreme Court of Oklahoma
Error from Superior ’Oourt, Oklahoma County; Edward Dewes Oldfield, Judge. . Action by the Oklahoma iSash & Door Company against the American Bonding Company. Judgment for defendant, and plaintiff brings error.
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Error from Superior ’Oourt, Oklahoma County; Edward Dewes Oldfield, Judge. . Action by the Oklahoma iSash & Door Company against the American Bonding Company. Judgment for defendant, and plaintiff brings error. This was an action on a bond, given by the' defendant in error to the plaintiff in error -to secure it against the larceny or embezzlement of one of its employes, and the original petition is, in substance, after alleging that both parties are corporations, that: “The plaintiff, between the 1st day of July, 1912. and the 1st day of July, 1913, had employed as a bookkeeper one Chas. G.…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above.) It is well settled that, a surety bond containing the provision above set out, making the signature of the employe essential to the validity of bond, such signature is a condition precedent upon which the surety agrees to be bound, and if not complied with, the surety 'is not liable. See Union Central Life Ins. Co. v. United States Fidelity & Guaranty Co., 99 Md. 423, 58 Atl. 437, 105 Am. St. Rep. 313; Adelberg v. United States Fidelity & Guaranty Co., 45 Misc. Rep. 376, 90 N. Y. Supp. 465. But this condition may be waived, and the…
2Cases cited6 opinions
- Proctor Coal Co. v. United States Fidelity & Guaranty Co.U.S. Circuit Court for the Northern District of Georgia · 1903
- Union Central Life Ins. v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1904
- Harby v. HenesAppellate Terms of the Supreme Court of New York · 1904
- Adelberg v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904
- Platauer v. American Bonding Co.Appellate Terms of the Supreme Court of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Good v. First Nat. Bank of RoffSupreme Court of Oklahoma · 1923
- Ross v. BreeneSupreme Court of Oklahoma · 1922
- Franklin v. Sovereign Camp W. O. W.Supreme Court of Oklahoma · 1930
- New v. StoutSupreme Court of Oklahoma · 1924
- Bowlan v. LunsfordSupreme Court of Oklahoma · 1936
6 more not listed; retrieve them via the Exa API.