Manchester Fire Assurance Co. v. RedField
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying its motion for a new trial after a verdict for the defendant sureties. ■ The rule as to the release of the sureties applies only to cases where actual dishonesty or malfeasance on the part of the principal exists, and there must be a concealment of this fact by the obligee amounting to fraud on the sureties.
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Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying its motion for a new trial after a verdict for the defendant sureties. ■ The rule as to the release of the sureties applies only to cases where actual dishonesty or malfeasance on the part of the principal exists, and there must be a concealment of this fact by the obligee amounting to fraud on the sureties. Phillips v. Foxall, L. R. 7 Q. B. 666; Board v. Otis, 62 N. Y. 88; U. S. v. Kirkpatrick, 9 Wheat. 720; Planters v. Lamkin, R. M. Charlton, 29; Pickering v. Day, 3 Houston, 474; Pittsburg v.…
1Opinion of the CourtMitchell, J.
The plaintiff being about to employ the defendant Eedfield as its local agent in Minneapolis, he, as principal, and the other defendants, as sureties, executed to it a bond conditioned for the faithful performance of his duties as agent; among other things, that he would pay over all moneys received by him as such agent monthly, or of tener if demanded. Eedfield conducted'the agency from that date, August 10, 1895, until some time in the. following January, when, upon an examination of his accounts, he was found to be a defaulter for about $500 which he had collected, but failed to pay over.…
2Cases cited1 opinion
- Lancashire Insurance v. CallahanSupreme Court of Minnesota · 1897
3Cited by9 opinions
- New Amsterdam Casualty Company v. LundquistSupreme Court of Minnesota · 1972
- Capital Fire Insurance v. WatsonSupreme Court of Minnesota · 1899
- Sherman v. HarbinSupreme Court of Iowa · 1904
- Star Insurance Co. of America v. CareySupreme Court of Kansas · 1928
- Union Central Life Insurance v. PriggeSupreme Court of Minnesota · 1903
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