Guaranty Trust Co. v. United States Fidelity & Guaranty Co.
Supreme Court of New Hampshire
Action, on three bonds given by the defendants as sureties for one Harry P. Brown, the plaintiffs’ treasurer. Trial by jury and verdict for the plaintiffs. Two of the bonds were for $15,000 each, in each of which the obligee was described as "Savings Department, Guaranty Trust Company.” The third was for $10,000, running to “Trust Department Guaranty Trust Company.”
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Action, on three bonds given by the defendants as sureties for one Harry P. Brown, the plaintiffs’ treasurer. Trial by jury and verdict for the plaintiffs. Two of the bonds were for $15,000 each, in each of which the obligee was described as "Savings Department, Guaranty Trust Company.” The third was for $10,000, running to “Trust Department Guaranty Trust Company.” At the close of all the evidence, the defendants moved for a directed verdict and excepted to the denial of their motion; to the refusal to give certain instructions requested by them; to instructions which were given; and to a…
1Opinion of the CourtParsons, C. J.
The contract sued is one of insurance. In consideration of a premium paid to it by the plaintiffs, the defendants agreed to pay them such direct and pecuniary loss not exceeding the amount of the bond as the plaintiffs might sustain by the failure of one Harry P. Brown to faithfully perform in accordance with the laws of New Hampshire the duties devolving upon him in the course of his employment by the plaintiffs. The plaintiffs offered evidence tending to prove that Brown did not so perform and their consequent pecuniary loss.
As the rights of the parties are defined by the written contract…
2Cases cited3 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Planters' Mutual Insurance v. LoydSupreme Court of Arkansas · 1900
3Cited by4 opinions
- Exeter Banking Co. v. TaylorSupreme Court of New Hampshire · 1932
- Federal Deposit Insurance Corporation v. Aetna Casualty and Surety CompanyCourt of Appeals for the First Circuit · 1970
- Federal Deposit Insurance v. Aetna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1970
- Parent v. RandSupreme Court of New Hampshire · 1936