Farmers Loan & Trust Co. v. Southern Surety Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. Thomas B. Buckner, Judge. (1) The court erred in refusing to give defendant’s demurrer to the evidence. The bond provided against acts of larceny or embezzlement and the alleged breaches were not that character of wrong doing. (2) The court erred in submitting the James T. Eobinson (O’Connell) transaction to the jury.
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Appeal from Jackson Circuit Court.—Hon. Thomas B. Buckner, Judge. (1) The court erred in refusing to give defendant’s demurrer to the evidence. The bond provided against acts of larceny or embezzlement and the alleged breaches were not that character of wrong doing. (2) The court erred in submitting the James T. Eobinson (O’Connell) transaction to the jury. That transaction involved a straight case of forgery, and is not within the scope of appellant’s bond, which by its express terms limits its liability to loss by reason of any act or acts of larceny or embezzlement. Furthermore the forgery…
1Opinion of the Court
The plaintiff is a trust company organized and doing business under the laws of this State, in Kansas City, Missouri.
The defendant and appellant is a fidelity insurance company organized and incorporated under the laws of Oklahoma, and doing business in this State under a license issued in conformity with the provisions of our statutes relating to insurance.
This is an action upon a bond by which the defendant undertook and agreed to pay to the plaintiff, as employer of Theodor C. Peltzer in the capacity of its president, "such pecuniary loss, not exceeding ten thousand dollars as the employer…
2Cases cited24 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- People v. . MillsNew York Court of Appeals · 1904
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
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3Cited by8 opinions
- State v. HartwellSupreme Court of Missouri · 1956
- Blue Ridge Bank v. State Banking BoardMissouri Court of Appeals · 1974
- Morris Plan Co. of St. Joseph v. CommissionerUnited States Board of Tax Appeals · 1940
- State v. BuntonSupreme Court of Missouri · 1926
- Cox v. World Fire & Marine Ins. Co.Missouri Court of Appeals · 1951
3 more not listed; retrieve them via the Exa API.