Monongahela Coal Co. v. Fidelity & Deposit Co. of Maryland
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This is an action brought by the plaintiff in error against the J. B. Donnally Company, Limited, and the defendant in error, on a bond of insurance or indemnity. The said plaintiff in error had judgment against the J. B. Donnally Company, Limited, for $6,634.15; but the circuit court directed a verdict for the defendant in error, and judgment was rendered in its favor.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This is an action brought by the plaintiff in error against the J. B. Donnally Company, Limited, and the defendant in error, on a bond of insurance or indemnity. The said plaintiff in error had judgment against the J. B. Donnally Company, Limited, for $6,634.15; but the circuit court directed a verdict for the defendant in error, and judgment was rendered in its favor. Whether or not the court erred in directing a verdict for the Fidelity & Deposit Company of Maryland is the question for consideration…
1Opinion of the CourtShelby, Circuit Judge
The bond sued on is one of indemnity, but it is a contract imposing different obligations on the several makers. The plaintiff in error is called in the bond the “employer,” the defendant in error the “company,” and the J. B. Donnally Company, Limited, the “employé.” These terms will be used, for brevity. The contract first recites that the employé “has been required to furnish a bond for his honesty in the performance of his duties in said position” (meaning as agent for the employer). After reciting the consideration, and making other recitals not material here, the agreement is that “the…
2Cited by21 opinions
- Salley, Rec'r v. Globe Indemnity Co.Supreme Court of South Carolina · 1926
- United States Fidelity & Guaranty Co. v. Egg Shippers' Strawboard & Filler Co.Court of Appeals for the Eighth Circuit · 1906
- Fort Smith Tobacco & Candy Co. v. American Guarantee & Liability InsuranceDistrict Court, W.D. Arkansas · 1962
- Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918
- United States Fidelity & Guaranty Co. v. Bank of BatesvilleSupreme Court of Arkansas · 1908
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