United States Fidelity & Guaranty Co. v. First National Bank of Dundee
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court# on appeal from the Circuit Court of Cook county; the Hon. G. A'. Carpenter, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court# on appeal from the Circuit Court of Cook county; the Hon. G. A'. Carpenter, Judge, presiding. This is a proceeding in chancery brought by the United States Fidelity and Guaranty Company (hereinafter called the company) against the First National Bank of Dundee (which we will hereinafter call the bank) for the purpose of procuring the cancellation of two certificates renewing and extending the term of a fidelity bond issued by the company February 4, 1901, guaranteeing the bank against any loss it might sustain…
1Opinion of the CourtJustice Vickers
Appellant contends that the two certificates made by the bank to obtain a renewal contain false representations which render the certificates void, and that therefore the bond was not in force except for the first year. The charge of false representations raises an issue of fact. The burden of proof upon that issue is upon appellant.
In the two renewal certificates in question, both of which were alike in form, the president of the bank certifies to the company that the books and accounts of the cashier.“were examined by us from time to time in the regular course of business, and we found them…
2Cases cited2 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- People ex rel. Kasson v. RoseIllinois Supreme Court · 1898
3Cited by39 opinions
- Weinstein v. Metropolitan Life InsuranceIllinois Supreme Court · 1945
- Modisette v. Foundation Reserve Insurance Co.New Mexico Supreme Court · 1967
- Western & Southern Life Insurance v. TomasunIllinois Supreme Court · 1934
- First National Bank of Crandon v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1912
- Alabama Fidelity & Casualty Co. v. Alabama Penny Sav. BankSupreme Court of Alabama · 1917
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