Kansas State Mutual Hail Ass'n v. Title Guaranty & Surety Co.

The opinion of the court was delivered by

Mason, J.:

A mutual hail insurance company employed a soliciting agent, who gave a bond signed by a surety company, to protect his employer against all pecuniary loss directly sustained by larceny or embezzlement on his part. The insurance company sued the bonding company, alleging that the agent had collected in its behalf $288.18 more than he’had remitted, and asking judgment for that amount. A trial resulted in a verdict against the plaintiff, and a judgment was rendered accordingly, from which it appeals.(1) The written application of the insurance…