Legal Opinion · Concurrence

National Surety Co. v. Globe Grain & Milling Co.

Court of Appeals for the Ninth Circuit

Decided February 25, 1919No. 3209Published

In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Triplet, Judge. Action by the Globe Grain & Milling Company against the National Surety Company. There was a judgment for plaintiff, and defendant brings error.

1Concurrence

GILBERT and MORROW, Circuit Judges

(concurring). We arc of the opinion that the judgment should be reversed, and that upon the findings of the court below judgment should be directed to be entered in favor of the plaintiff in error upon the following grounds:

Prior to the date of the application for insurance, Hayes had been in the service of the insured for more than five years, and during the whole of that time he had been permitted to overdraw his account. No restriction was placed upon the amount which, he might overdraw; the permission being to overdraw in a “reasonable amount.” After…

2Cases cited4 opinions

  1. Belleview Loan & Building Ass'n v. JeckelCourt of Appeals of Kentucky · 1898
  2. Hebert v. LeeTennessee Supreme Court · 1906
  3. United States Fidelity & Guaranty Co. v. Blackly, Hurst & Co.Court of Appeals of Kentucky · 1903
  4. Deposit Bank of Midway's Assignee v. HearneCourt of Appeals of Kentucky · 1898

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