Central Metropolitan Bank v. Fidelity & Casualty Co.

Lees, CJ.

Action on a bond wherein the Consumers Grain Company is the principal; the respondent, the surety; and appellant, the obligee. Appellant had a verdict and has appealed from an order for judgment for respondent notwithstanding the verdict. For convenience, appellant will be designated as the bank, respondent as the surety company, and the principal in the bond as the grain company.

The last named company dealt in grain at St. Paul, borrowing money and giving its notes to the bank, secured by bills of lading covering grain in transit. The bond was executed on September 25, 1920, and was…