La Harpe Farmers Union v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Johnston, C. J.:

The La Harpe Farmers Union brought this action against the United States Fidelity and Guaranty Company to recover on a fidelity bond issued by it on May 9,1927, which was in the sum of $2,000. A rider was attached on June 17,1927, by which the policy was increased to $5,000. A motion to make the petition of plaintiff more definite and certain was filed and partially argued when the court in the progress of the argument suggested the filing of a demurrer, as a decision of the motion would be futile unless the petition stated a cause of…