Farmers Co-operative Exchange Co. v. United States Fidelity & Guaranty Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $2,500 on an indemnity bond. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had fathed to prove facts sufficient to constitute a cause of action, and a juTy which returned a verdict for the amount demanded and interest.
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Action in the district court for Blue Earth county to recover $2,500 on an indemnity bond. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had fathed to prove facts sufficient to constitute a cause of action, and a juTy which returned a verdict for the amount demanded and interest. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Taylor, C.
Plaintiff operated an elevator at Good Thunder, Minnesota, and was engaged in the business of buying, shipping and selling grain. It employed one Emil 0. Eosnow as manager and gave him full charge of the business, subject to the instructions given him from time to time by the president and board of directors. It procured a bond, executed by Eosnow as principal and defendant as surety, in which defendant agreed to make good and reimburse to plaintiff any loss sustained through any act of dishonesty on the part of Eosnow amounting to larceny or embezzlement. Plaintiff brought suit on…
2Cases cited3 opinions
- Lancashire Insurance v. CallahanSupreme Court of Minnesota · 1897
- Capital Fire Insurance v. WatsonSupreme Court of Minnesota · 1899
- Hall v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1899
3Cited by10 opinions
- American Surety Co. of New York v. North Texas Nat. BankCourt of Appeals of Texas · 1929
- Larson v. DegnerSupreme Court of Minnesota · 1956
- Ralph Hegman Company v. Transamerica Insurance Co.Supreme Court of Minnesota · 1972
- State Bank of New Prague v. American Surety Co.Supreme Court of Minnesota · 1939
- Zillah Transportation Co. v. Aetna Insurance Co.Supreme Court of Minnesota · 1928
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