Hough v. American Surety Co.
Court of Appeals of Kansas
Appeal from Cole Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) The contract between the plaintiff and defendant is that of principal and surety, and the surety is entitled to a strict construction of said contract in all of its parts; and , wherever there is a condition precedent such condition must be performed by the plaintiff, before there can be any recovery upon the bond in this action.' 24 Am. and Eng. Encyclopedia of Law, sec. 749, and cases cited.
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Appeal from Cole Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) The contract between the plaintiff and defendant is that of principal and surety, and the surety is entitled to a strict construction of said contract in all of its parts; and , wherever there is a condition precedent such condition must be performed by the plaintiff, before there can be any recovery upon the bond in this action.' 24 Am. and Eng. Encyclopedia of Law, sec. 749, and cases cited. (2) The proof of loss sent to defendant in the letter of September 28, 1896, did not comply with the terms of the bond. Because the…
1Opinion of the CourtEllison, J.
Plaintiff Hough is assignee of the Universal Savings & Loan Company. He was appointed and substituted as plaintiff after this action was brought. One Thomas Murray was in the loan company’s employ as its secretary, and as such, gave bond with defendant, a New York corporation, as surety. The bond contained several obligations and conditions; among them, that the company stood as surety against any pecuniary loss to the loan company of money, securities or other property occasioned by “dishonesty” on the part of Murray which may “amount to larceny or embezzlement,” committed during the period…
2Cases cited5 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Hester v. Fidelity & Casualty Co.Missouri Court of Appeals · 1897
- Moritz v. LarsenWisconsin Supreme Court · 1888
- Folden v. HendrickSupreme Court of Missouri · 1857