Legal Opinion

E. A. Boyd Co. v. United States Fidelity & Guaranty Co.

California Court of Appeal

Decided October 16, 1939No. Civ. 6193PublishedCited by 7 opinions

1Opinion of the Court

THOMPSON, Acting P. J. —

The defendant has appealed from a judgment of $1934.58 which was rendered against it in a suit on a surety bond indemnifying the plaintiff against defalcations of its employees.

It is contended the judgment is not supported by the evidence, and that the findings do not support the judgment for the reason that the bond became void because the plaintiff possessed knowledge of the employee’s previous embezzlement seven years earlier while he was acting as clerk in the Sacramento branch of the Bank of America, and failed to disclose that fact to the insurance company in…

2Cases cited3 opinions

  1. Fishbeck v. Phenix Ins. Co.California Supreme Court · 1880
  2. O'Rourke v. John Hancock Mut. Life Ins. Co.Supreme Court of Rhode Island · 1902
  3. California Reclamation Co. v. New Zealand InsuranceCalifornia Court of Appeal · 1913

3Cited by7 opinions

  1. St. Petersburg Bank & Trust Company v. Bernard L. Boutin, Etc.Court of Appeals for the Fifth Circuit · 1971
  2. De Campos v. State Compensation Insurance FundCalifornia Court of Appeal · 1954
  3. Dalzell v. Northwestern Mutual InsuranceCalifornia Court of Appeal · 1963
  4. Gates v. General Casualty Co. of AmericaCourt of Appeals for the Ninth Circuit · 1941
  5. Ashley v. American Mutual Liability Insurance Co.District Court, N.D. California · 1958

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