Fidelity & Deposit Co. v. Davis

The opinion of the court was delivered by

Jochems, J.:

This action was brought by the plaintiff, a surety company, upon an indemnity contract given by the defendant in connection with an application for a bond. Judgment was entered by the trial court in favor of plaintiff upon a motion for judgment upon the pleadings.

The petition sets forth the following situation: The defendant applied to plaintiff for a fidelity bond on January 16,1918. This bond was executed and delivered to the American State Bank, Kansas City, Mo., of which bank the defendant had been elected president, and was in the…