FRANK GARDNER HDWE. AND SUPPLY CO. v. St. Paul Fire and Marine Ins. Co.

This is a suit by Prank Gardner Hardware and Supply Company (called Gardner) on a blanket employees’ fidelity bond written by St. Paul Fire and Marine Insurance Company (called St. Paul). After presentation of evidence by both sides, the Circuit Court of Jones County, Second District, gave a peremptory instruction for the defendant, St. Paul. The judgment was based on an exception or exclusion in the policy of employees known by insured to have committed any fraudulent or dishonest act in the service of insured, and plaintiff’s failure to show notice to insurer of the employees ’ prior…