United States Fidelity & Guaranty Co. v. Baker
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. 8. Magpies, Judge; 1. Inasmuch as this is an action to recover from C. W. Baker on a written obligation signed by him and not denied upon oath, appellant’s case was fully made out, and no other proof was necessary. The receipt showed that appellant had paid the $500 and no fraud was alleged or proved. 30 Sou. 758. The shortage was proved and payment by the company.
Read the full summary
Appeal from Washington Circuit Court; J. 8. Magpies, Judge; 1. Inasmuch as this is an action to recover from C. W. Baker on a written obligation signed by him and not denied upon oath, appellant’s case was fully made out, and no other proof was necessary. The receipt showed that appellant had paid the $500 and no fraud was alleged or proved. 30 Sou. 758. The shortage was proved and payment by the company. The evidence was sufficient, and the verdict is contrary to the law and evidence. 97 Ark. 442; 89 Id. 24, 29. 2. Exhibits 1 and 3 were improperly admitted, and the court erred in admitting…
1Opinion of the CourtSmith, J.
It is claimed by the appellant surety company that Grover Baker was employed as agent of the Illinois Central Railway Company, at Buckner, Illinois, and as such agent defaulted in the sum of $808.73, and that, prior to such defalcation, the appellant surety company had executed its bond to the railway company, conditioned that it would protect the railway company against loss growing out of the wrongful conduct of the said Grover Baker in the sum of $500. In consideration of this obligation to indemnify the railway company, C. W. Baker, an older brother of Grover Baker, living at Elm Springs,…
2Cases cited3 opinions
- Illinois Surety Co. v. MaguireWisconsin Supreme Court · 1914
- American Bonding Co. of Baltimore v. Alcatraz Const. Co.Court of Appeals for the Second Circuit · 1913
- Fidelity & Deposit Co. v. NordmarkenNorth Dakota Supreme Court · 1915
3Cited by9 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- Moya v. Fidelity and Casualty Company of New YorkNew Mexico Supreme Court · 1965
- American Surety Co. Of New York v. InmonCourt of Appeals for the Fifth Circuit · 1951
4 more not listed; retrieve them via the Exa API.