Bank of Tarboro v. Fidelity & Deposit Co.
Supreme Court of North Carolina
Orvxr. ActxoN to recover damages for alleged breaches of the indemnity bond furnished by defendant company, as surety for faithful performance of duty by defendant James Gr. Mehegan, cashier of plaintiff, heard before Bowman, J at Fall Term, 1899, of Edgecombe Superior Court. The answers contained pleas in bar, denied the breaches complained of, and alleged non-performance on the part of the plaintiff of stipulations forming the basis of the contract.
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Orvxr. ActxoN to recover damages for alleged breaches of the indemnity bond furnished by defendant company, as surety for faithful performance of duty by defendant James Gr. Mehegan, cashier of plaintiff, heard before Bowman, J at Fall Term, 1899, of Edgecombe Superior Court. The answers contained pleas in bar, denied the breaches complained of, and alleged non-performance on the part of the plaintiff of stipulations forming the basis of the contract. IJis Honor entered the following compulsory order of reference : In. this cause, it appearing to the Court from an inspection of the pleadings…
1Opinion of the CourtDouglas, J.
This is an action brought upon a penal bond given by the defendant, the Fidelity and Deposit Company, to secure the plaintiff against all loss from any fraudulent acts of its co-defendant, Mehegan, as cashier of said plaintiff bank. This bond, which seems to have been modeled after some form of insurance policy, is extremely complicated, and is based upon an application containing a large number of questions and sub-questions. There appear to be 23 sections in the bond and 31 questions in the application. All the answers are mad© “conditions precedent.” The complaint alleged the execution of…
2Cases cited7 opinions
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Rufus Bobbitt v. . Liverpool and London and Globe Ins.Supreme Court of North Carolina · 1872
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Neal v. . BecknellSupreme Court of North Carolina · 1881
- Commissioners of Wake v. City of RaleighSupreme Court of North Carolina · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1901
24 more not listed; retrieve them via the Exa API.