Central States Savings & Loan Ass'n v. United States Fidelity & Guaranty Co.

Suit on a fidelity bond. Plaintiff recovered judgment and defendant appealed to the Springfield Court of Appeals. That court reversed the judgment and remanded the cause, but deeming its opinion in conflict with the ruling of the St. Louis Court of Appeals in Kurre v. American Indemnity Company of Galveston, Texas, 17 S. W. (2d) 685, certified the case here for final disposition.

Plaintiff’s petition was in two counts. A jury was waived and the cause was tried to the court. At the close of the evidence’, the court, at the request of plaintiff, gave a peremptory declaration of law on each count…