Farmers' Elevator Co. v. United States Fidelity & Guaranty Co.
South Dakota Supreme Court
Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by Farmers’ Elevator Company, of Beresford, South Dakota, a corporation, against the United States Fidelity and Guaranty Company of Baltimore, Maryland, a corporation, and Elmer Cyrus Morrill, to recover upon a bond of indemnity. Erom a judgment for plaintiff, and from an order denying a new trial, defendant United States Fidelity and Guaranty Company, appeals.
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Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by Farmers’ Elevator Company, of Beresford, South Dakota, a corporation, against the United States Fidelity and Guaranty Company of Baltimore, Maryland, a corporation, and Elmer Cyrus Morrill, to recover upon a bond of indemnity. Erom a judgment for plaintiff, and from an order denying a new trial, defendant United States Fidelity and Guaranty Company, appeals. (2) To point two of the opinion, Appellant cited; Beauchaine v. McKinnon, 55 Minn. 320; Tracey v. Goodwin, 5 Allen 409; Devine v. 'Smith, 129 Mass. 143;…
1Opinion of the CourtSmith, P. J.
Plaintiff, a corporation, was engaged in buying arid selling grain and coal. Defendant Morrill, employed as manager of its 'business, was required to furnish a bond. The defendant guaranty company executed its bond to plaintiff containing a condition to reimburse plaintiff as employer— “for all pecuniary loss sustained by the employer, of moneys, securities or other personal property in the possession of the employee or for the possession of which he is responsible, by any act or acts of fraud or dishonesty committed by the employee in the performance of the duty of the office or position in…
2Cases cited5 opinions
- Grant v. MaslenMichigan Supreme Court · 1908
- Beauchaine v. McKinnonSupreme Court of Minnesota · 1893
- Connor v. CorsonSouth Dakota Supreme Court · 1900
- Powell v. EcklerMichigan Supreme Court · 1893
- Henry v. HeldmaierIllinois Supreme Court · 1907
3Cited by5 opinions
- Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
- United States Ex Rel. Vigilanti v. Pfeiffer-Neumeyer Const. Corp.District Court, E.D. New York · 1938
- State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935
- In Re Schneider's EstateSouth Dakota Supreme Court · 1947
- State v. SchneiderSouth Dakota Supreme Court · 1947