Collier v. Hartford Accident & Indemnity Company

HOOD, Chief Judge.

Appellant, a real estate broker, had in his employ as sales manager, one Martin. It was Martin’s duty, in appellant’s absence, to receive from salesmen deposits made by prospective buyers. On one occasion Martin received from a salesman a cash deposit of $500, but failed to deliver it to appellant or to properly account for it. The prospective sale did not materialize, and appellant, being obligated to return the deposit, was forced to pay it from his own funds. He then brought this action against the surety on Martin’s real estate salesman’s bond.1

The trial court granted…