Legal Opinion

Title Guaranty & Surety Co. v. Nichols

Supreme Court of the United States

Decided April 8, 1912No. 102PublishedCited by 19 opinions

ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts, which, involve the liability of a surety company on a fidelity bond given to protect a bank against dishonesty of its cashier, are stated in the opinion.

1Opinion of the CourtJustice Lurton

Action upon a bond executed by the plaintiff in error to protect the Union Bank & Trust Company, of Phoenix, Arizona, against the dishonesty of its cashier. There were two or more renewals. Embezzlements by the cashier occurred during the currency of the bond. After a right of action had accrued, the bond was assigned to the defendant in error, who brought this action thereon.

The principal defense was that the loss was due to the neglect of the employer to supervise the conduct of the employé by making such monthly examinations of his accounts as it agreed to make or have made. There was a…

2Cases cited2 opinions

  1. Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
  2. Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881

3Cited by19 opinions

  1. Clark v. Compania Ganadera De Cananea, S. A.Arizona Supreme Court · 1963
  2. Lewis v. Quality Coal Corp.Court of Appeals for the Seventh Circuit · 1957
  3. Avemco Insurance Company v. ChungDistrict Court, D. Hawaii · 1975
  4. Hunter v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1914
  5. United States v. Eagle Star Ins. Co., LimitedCourt of Appeals for the Ninth Circuit · 1952

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