Legal Opinion

McCanna & Fraser Co. v. Citizens' Trust & Surety Co. of Philadelphia

Court of Appeals for the Third Circuit

Decided October 23, 1896No. 33PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. This was an action by the McOanna & Fraser Company against the Citizens’ Trust & Surety Company of Philadelphia to recover upon a surety bond.

1Opinion of the Court

BUTLER, District Judge.

The suit is on a surety bond given by the defendant to the plaintiff — the latter being a corporation of Wisconsin. The bond recites that the plaintiff has appointed S. Ridg-way Kennedy its manager, and that he is to enter into its service accordingly in Philadelphia, and then stipulates that the defendant will reimburse the plaintiff to the extent of $7,000 for such pecuniary loss, if any, as may be sustained by said employer by reason of the dishonesty of the employe, amounting to embezzlement or larceny, in connection with his duty as manager of the plaintiff’s…

2Cases cited1 opinion

  1. Lasher v. Stimson, Pennsylvania Court of Common Pleas, Philadelphia County1892

3Cited by5 opinions

  1. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
  2. Pittsburgh Const. Co. v. West Side Belt R.Court of Appeals for the Third Circuit · 1907
  3. Basnight v. American Manufacturing Co.Supreme Court of North Carolina · 1917
  4. City Trust, Safe Deposit & Surety Co. v. Glencove Granite Co.Court of Appeals for the Third Circuit · 1902
  5. Fidelity & Deposit Co. of Maryland v. MoshierU.S. Circuit Court for the District of Northern New York · 1907

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