Aetna Indemnity Co. v. Schroeder
North Dakota Supreme Court
Appeal from District Court, Cass County; Charles A. Pollock. J. Action by the Aetna Indemnity Company against Fred Schroeder and Jacob Biewer. Verdict for defendants. Motions for a judgment notwithstanding the verdict and for a new trial w.ere denied, and plaintiff appeals. Knowledge possessed by Mitchell not imputed to plaintiff for two reasons: 1st. In procuring the bond, he was not doing the things which ordinarily raise the relationship of agency.
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Appeal from District Court, Cass County; Charles A. Pollock. J. Action by the Aetna Indemnity Company against Fred Schroeder and Jacob Biewer. Verdict for defendants. Motions for a judgment notwithstanding the verdict and for a new trial w.ere denied, and plaintiff appeals. Knowledge possessed by Mitchell not imputed to plaintiff for two reasons: 1st. In procuring the bond, he was not doing the things which ordinarily raise the relationship of agency. If agent at all, he was Clemens’ agent. He was the mere channel through whom Clemens was informed that he must give a bond, and through whom…
1Opinion of the CourtMorgan, J.
In the year 1900, and prior to that year, one William Clemens was the local agent of the Great Western Elevator Company at Leonard, N. D. Said Clemens and other employes of said elevator company were required to furnish bonds to it for the faithful discharge of their duties. The plaintiff gave the eievatoir *114company a bond indemnifying it against all losses occasioned by the fraud or dishonesty of Clemens in connection with his duties as such elevator agent. On May 12, 1900, while said bond was in force, the plaintiff wrote to one Mitchell, general superintendent of the Great Western Elevator…
2Cases cited11 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- LaRose v. Logansport National BankIndiana Supreme Court · 1885
- Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
- First National Bank v. GiffordSupreme Court of Iowa · 1877
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3Cited by24 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Bartholomay v. St. Thomas Lumber CompanyNorth Dakota Supreme Court · 1966
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
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