Moore v. Fidelity & Casualty Co.

Tbe controlling questions of law are these:

1. When was the action for the reformation and correction of the indemnity contracts begun?

2. Is such cause of action barred by the statute of limitations ?

The depository bonds involved in this litigation contain a clause worded as follows: “The company shall not be liable hereunder for the payment of any sum due upon any certificate of deposit issued by the bank.” It was admitted, and found as a fact by the trial judge, that $15,833.33, in the bank at the time of closing to the credit of plaintiff treasurer, was evidenced by certificate or…