W. A. Thomas Co. v. National Surety Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $10,000 upon defendant’s fidelity bond. The answer alleged that the employer’s statement, furnished by plaintiff to defendant when obtaining the bond was false and fraudulently represented to defendant that the employee named Humlong was not indebted to plaintiff, except in tbe sum oí $2,500, and set out in full tbe declaration and tbe conditions of tbe bond quoted in tbe fourth and fifth paragraphs of tbe opinion.
Read the full summary
Action in the district court for Hennepin county to recover $10,000 upon defendant’s fidelity bond. The answer alleged that the employer’s statement, furnished by plaintiff to defendant when obtaining the bond was false and fraudulently represented to defendant that the employee named Humlong was not indebted to plaintiff, except in tbe sum oí $2,500, and set out in full tbe declaration and tbe conditions of tbe bond quoted in tbe fourth and fifth paragraphs of tbe opinion. Tbe case was tried before Leary, J., who at the close of tbe testimony denied defendant’s motion for a directed verdict,…
1Opinion of the Court
Tatloe, C.
On February 2, 1916, defendant executed to plaintiff a bond, whereby defendant obligated itself to make good any loss sustained by plaintiff by reason of any embezzlement committed after tbe first day of January, 1916, by Earl V. Humlong, plaintiff’s treasurer. Plaintiff brought suit on the bond for sums embezzled by tbe treasurer between tbe first day of January and tbe fifteenth day of July, 1917, and recovered a verdict for tbe sum of $9,677.80. Defendant made a motion for judgment notwithstanding tbe verdict or for a new trial, and appealed from an order denying its motion.
Defend…
2Cases cited3 opinions
- Johnson v. National Life InsuranceSupreme Court of Minnesota · 1913
- Pearson v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1917
- Capital Fire Insurance v. WatsonSupreme Court of Minnesota · 1899
3Cited by6 opinions
- Ceylon Farmers Elevator Co. v. Fidelity & Deposit Co. of MarylandSupreme Court of Minnesota · 1925
- Hayfield Farmers Elevator & Mercantile Co. v. New Amsterdam Casualty Co.Supreme Court of Minnesota · 1938
- Lassetter v. BeckerArizona Supreme Court · 1924
- Post v. Maryland Casualty Co.Washington Supreme Court · 1939
- Southern Surety Co. v. AustinTexas Commission of Appeals · 1929
1 more not listed; retrieve them via the Exa API.