American Bonding & Trust Co. v. New Amsterdam Casualty Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. This suit is based upon two fidelity bonds executed by the appellant Knapp as principal and the appellant The American Bonding & Trust Company as surety.
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Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. This suit is based upon two fidelity bonds executed by the appellant Knapp as principal and the appellant The American Bonding & Trust Company as surety. The first of the bonds runs to the appellee reciting that the appellant Knapp has been appointed general agent of appellee and relates to the business of the accident department of the appellee. The second bond is in all respects the same, except…
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
The first question presented in argument on this appeal is the invalidity of the bonds sued on because of the failure of appellee to sign them until after they had expired by limitation.
The fifteenth condition of the bonds is as follows: “That it is essential to the validity of this bond that the employe’s signature be hereto subscribed and witnessed, and that the acceptance of the employer be also executed in like manner.” The argument in support of the contention that the bonds were not valid or in force is based upon this…
2Cases cited7 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Champion Ice Mfg. & Cold Storage Co. v. American Bonding & Trust Co.Court of Appeals of Kentucky · 1903
- People ex rel. Kasson v. RoseIllinois Supreme Court · 1898
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Perpetual Building & Loan Ass'n v. United States Fidelity & Guarantee Co.Supreme Court of Iowa · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fidelity &. Deposit Co. of Maryland v. Central State Bank of DallasCourt of Appeals of Texas · 1928
- National Surety Co. v. RievesMississippi Supreme Court · 1916
- Allen v. United States Fidelity & Guaranty Co. of BaltimoreAppellate Court of Illinois · 1915