Black Diamond Fuel Co. v. Billstein

The defendant surety company demurred to the complaint. The demurrer was overruled and the defendant surety appealed.

The gist of the complaint is: “That on the 22nd day of October A. D. 1931 said defendant, Western Surety Company, made, executed and delivered to plaintiff, for a due consideration, a Fidelity Bond wherein and whereby it insured plaintiff in a sum limited to $2,000, against such pecuniary loss as might be sustained by plaintiff by any act of larceny or embezzlement causing a shortage in the account of said defendant (Billstein) while employed by plaintiff in the location…