Commercial Casualty Insurance v. Champlin Refining Co.

I am unable to concur in the majority opinion. This appeal relates to a judgment rendered by the district court of Garfield county in an action on a larceny and embezzlement bond given by the Commercial Casualty Insurance Company, a corporation, to the Champlin Refining Company, a corporation, guaranteeing said refining company against loss sustained by reason of any act of larceny or embezzlement on the part of any of its employees.

The refining company obtained a judgment against the surety company, and the surety company seeks to reverse the same.

Th© facts are not in dispute, and the…