Roark v. City Trust, Safe Deposit & Surety Co.
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Eon. Nick M. Bradley, Judge. '(1) It was Roark’s duty to disclose to the surety company any fact, materially affecting the risk, coming to his knowledge prior to his actual notification that the application had been accepted by the surety. Bank v. Owen, 101 Mo. 582; Harrison y. Insurance Co., 8 Mo. App. 41; Bank y. Traube, 6 Mo.
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Appeal from Johnson Circuit Court. — Eon. Nick M. Bradley, Judge. '(1) It was Roark’s duty to disclose to the surety company any fact, materially affecting the risk, coming to his knowledge prior to his actual notification that the application had been accepted by the surety. Bank v. Owen, 101 Mo. 582; Harrison y. Insurance Co., 8 Mo. App. 41; Bank y. Traube, 6 Mo. App. 221; 1 Story’s Equity Jurisprudence (13 Ed.), sec. 215, p. 234; 1 Joyce on Insurance, sec. 107, p. 166; 1 Brandt on Suretyship Guaranty (3 Ed.), secs. 475, 476; Insurance Co. y. Chase, 58 L. R. A., p. 510; Insurance Society v.…
1Opinion of the CourtEllison, J.
Tbe plaintiff was superintendent of the Metropolitan Life Insurance Company and had engaged in service, in places of trust, a number of employees, the one concerned in this case was John W. Clary. He desired to be indemnified against loss through the dishonesty of Clary, if such misfortune should occur. The latter applied in writing to defendant as a surety company for a bond indemnifying plaintiff. A bond was afterwards executed by defendant to plaintiff, dated July 15, 1904. Afterwards, in the latter part of September, Clary embezzled funds of the company in the sum of |494.55, and…
2Cases cited11 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Champion Ice Mfg. & Cold Storage Co. v. American Bonding & Trust Co.Court of Appeals of Kentucky · 1903
- Shakman v. United States Credit System Co.Wisconsin Supreme Court · 1896
- Taylor v. ShortSupreme Court of Missouri · 1891
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
- State ex rel. Matter v. John Ogden & American Surety Co.Missouri Court of Appeals · 1915
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Standard Brass & Mfg. Co. v. Maryland Casualty Co.Louisiana Court of Appeal · 1963
- Farmers Bank v. OgdenMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.