United States Fidelity & Guaranty Co. v. Stark

Dissenting Opinion.

Wood, J.,

Dissenting. — I am unable to agree with the result reached in this appeal by a majority of my associates, insofar as it pertains to liability on the bond before the court.

The facts were all stipulated and those necessary for a consideration of the questions presented may be summarized as folows:

Continuously, from January 25, 1929, to the date of the trial of this cause in the lower court, pursuant to an order of the Sullivan Circuit Court, Herschel V. Stark was the duly appointed, qualified and acting receiver of the First State Bank of Shelburn, Indiana. As such…