Montana v. Fidelity & Deposit Co.

PRAY, District Judge.

This is an action to recover the sum of $10,000, named as the penalty of a surety bond issued by the defendant corporation, a surety company. The complaint also seeks the reformation of said bond by changing the word “grain,” printed therein, to the word “beans.”

Counsel for plaintiffs have made a fair statement of the case which the court will adopt with some modification. From August, 1929, to July, 1931, the warehouse of Chatterton & Son at Billings, Montana, was operated as a branch house of the said firm, through its manager, R. J. Healow, for the storage of beans…