Champion Ice Mfg. & Cold Storage Co. v. American Bonding & Trust Co.
Court of Appeals of Kentucky
Case 101 — Action by the Champion Ice Mfg. and Cold 'Storage Co. against the American Bonding and Trust Co. on Bond of Indemnity, APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION UNDER RULE SEVENTEEN. 1. Interpretation of Bond — Ambiguity. The bond sued oin was prepared by appellee, and any ambiguity must ha construed most strongly against it. American Surety Co. v. Pauly, 170 U. S., 133; First National Bank v. Hartford Fire Ins.
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Case 101 — Action by the Champion Ice Mfg. and Cold 'Storage Co. against the American Bonding and Trust Co. on Bond of Indemnity, APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION UNDER RULE SEVENTEEN. 1. Interpretation of Bond — Ambiguity. The bond sued oin was prepared by appellee, and any ambiguity must ha construed most strongly against it. American Surety Co. v. Pauly, 170 U. S., 133; First National Bank v. Hartford Fire Ins. Co., 95 Ü. S., 673; Western Ins. Co. v. Cropper, 32 Pa., 351; Reynolds v. iM-cConkey, 127 U. S., 661; Fowkes v.…
1Opinion of the Court
Opinion oe the court by
JUDGE SETTLE
Reversing.
The appellant, Champion Ice Manufacturing & Cold Storage Company, is a corporation doing business in Covington, Ky. It had in its employ a bookkeeper, Geo. H. Weitkamp by name, of whom it required a bond of indemnity, which was furnished by the appellee, American Bonding & Trust Company, for the consideration of $12.50 paid it in cash. By the terms of this bond, appellee agreed to indemnify appellant for one year from any “loss which it might sustain by reason of any fraudulent or dishonest act upon the part of Weitkamp, amounting to larceny or…
2Cases cited2 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
3Cited by47 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- National Surety Co. v. WilliamsSupreme Court of Florida · 1917
- Otis Elevator Co. v. First Nat'l Bank of S.F.California Supreme Court · 1912
- Fitchburg Savings Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931
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