Thomas-Hickerson Motor Co. v. Central West Casualty Co.

The district court’s judgment of dismissal on a directed verdict for the defendant should be reversed.

The defendant insurance company admits that a certain employee of the plaintiff motor company embezzled $7,134.19 of the company’s moneys during the time the fidelity bond involved here was of full force and effect. There is no doubt that prima facie a cause of action arose under the bond.

The insurer contends, however, that the cause of action is barred by the terms of the bond itself, and this defense is obviously sustained both by the action of the court below and by the majority opinion of…