Oklahoma Sash & Door Co. v. American Bonding Co.
Supreme Court of Oklahoma
Error from Superior ’Oourt, Oklahoma County; Edward Dewes Oldfield, Judge. . Action by the Oklahoma iSash & Door Company against the American Bonding Company. Judgment for defendant, and plaintiff brings error.
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Error from Superior ’Oourt, Oklahoma County; Edward Dewes Oldfield, Judge. . Action by the Oklahoma iSash & Door Company against the American Bonding Company. Judgment for defendant, and plaintiff brings error. This was an action on a bond, given by the' defendant in error to the plaintiff in error -to secure it against the larceny or embezzlement of one of its employes, and the original petition is, in substance, after alleging that both parties are corporations, that: “The plaintiff, between the 1st day of July, 1912. and the 1st day of July, 1913, had employed as a bookkeeper one Chas. G.…
1Opinion
On Rehearing.
PER OURIAM.
After a careful examination of tbe record by tbe court upon second petition for rehearing, we are convinced that the opinion prepared by Mr. Commis-Fione- Dqvereux reaches the right conclusion, ard the upproval thereof by the court should not be disturbed. .
The question of waiver being raised by demurrer, of course tbe petition must be liberally construed, and all its allegations taken as true. The rule is well settled that, on demurrer to a petition as defective, iii that it does not state facts sufficient to constitute a cause of action, 'the petition must be…
2Cases cited4 opinions
- Smith-Wogan Hardware & Implement Co. v. Jos. W. Moon Buggy Co.Supreme Court of Oklahoma · 1910
- Union Central Life Ins. v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1904
- Goodyear Dental Vulcanite Co. v. BaconMassachusetts Supreme Judicial Court · 1889
- Adelberg v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904