Fidelity & Casualty Co. v. Eickhoff
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Polk county, Ives, J., sustaining a demurrer to the complaint. The status of plaintiff in its relation to defendant is that of surety, using that term in its generic sense, or more specifically its status is that of a guarantor by reason of its special promise to answer for the debt, default and miscarriage of defendant.
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Appeal by plaintiff from an order of tbe district court for Polk county, Ives, J., sustaining a demurrer to the complaint. The status of plaintiff in its relation to defendant is that of surety, using that term in its generic sense, or more specifically its status is that of a guarantor by reason of its special promise to answer for the debt, default and miscarriage of defendant. Baylies, Sur. § 1; McMillan v. Bull’s Head Bank, 32 Ind. 11; Monson v. Drakely, 40 Conn. 552; Gallagher v. Nichols, 60 N. Y. 438; Wendlandt v. Sohre, 37 Minn. 162, 33 N. W. 700; Smith y. Shelden, 35 Mich. 42. As…
1Opinion of the CourtMitchell, J.
The plaintiff, a foreign corporation, is what is termed a “guaranty insurance company,” engaged in the business of guarantying to employers the fidelity of their employés. This action was brought to recover money alleged to have been paid to the Bed Biver Elevator Company, defendant’s employer, upon a bond by which the plaintiff obligated itself to make good, and reimburse to the elevator company, such pecuniary loss as it might sustain by reason of the infidelity of the defendant as its receiving agent in one of its grain ele*176vators. The appeal is from an order sustaining a demurrer to the…
2Cited by37 opinions
- Seitz v. MichelSupreme Court of Minnesota · 1921
- Heim v. American Alliance Insurance Co. of New YorkSupreme Court of Minnesota · 1920
- Pettit Grain & Potato Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1948
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
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