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City Loan & Sav. Co. v. EMPLOYERS’LIABILITY ASSUR. CORP., LTD., 249 F. Supp. 633 (N.D. Kansas 1964)

City Loan & Sav. Co. v. EMPLOYERS’LIABILITY ASSUR. CORP., LTD., 249 F. Supp. 633 (N.D. Kansas 1964)

*634 Ross W. Shumaker and you will Robert G. Clayton, out-of Shumaker, Circle & Kendrick, Toledo, Ohio, and Harry R. Meredith, from Meredith, Meredith & Tait, Lima, Kansas, to own plaintiff.

William S. Burton and you can Joseph A good. Rotolo, away from Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and G. P. Openlander, Toledo, Kansas, to own defendant.

Demo because of the jury having been waived by activities, and Legal having read the brand new testimony regarding witnesses, examined the latest transcript of one’s facts and you can displays, thought new briefs, proposed conclusions of-fact and you will findings out-of laws filed by the each of the functions, and you will read dental objections of the recommendations, helps to make the adopting the *635 conclusions of-fact and you can results out of laws:

step 1. It is and was at the appropriate ages an inventory company, subscribed to get and having dumps about majority of folks, but is, and contains started just like the their incorporation, engaged in the private financing and loans company throughout the State of Kansas, plus the appropriate years managed and you will operated branch practices to possess carrying on the company in about 150 towns and cities on the county one or more department being proudly located into the per county of your county. (Plaintiff’s Advised In search of of fact Zero. 1.)

It is licensed within the Short Loan Work off Ohio in order to carry on the direct loan business, that’s according to the oversight of one’s Superintendent of building and Loan Connectivity, and of the newest Office away from Ties of your own State off Kansas

2. New defendant try a company organized according to the statutes of the United kingdom of great Britain and Ireland, with its principal office and you may head workplace for the Us in the city off Boston, Commonwealth off Massachusetts. It’s authorized to complete business which will be working from inside the the state of Ohio, and also in the brand new Northern Region thereof, for instance the furnishing having payment of surety and indemnity ties regarding the sort here inside it. From inside the relevant years it was depicted partly of the an agency on Lima, Ohio, referred to as Gooding Providers, with F. Age. Gooding of the organization because the a real estate agent otherwise attorneys-in-facts towards the defendant. (Plaintiff’s Recommended Searching for of-fact Zero. dos.)

Plaintiff is actually an enterprise prepared into the 1912 according to the regulations out-of the condition of Kansas ruling strengthening and loan relationships, featuring its principal workplace from inside the Lima, Kansas

step three. On may 8, 1957, new defendant, by the and you may with regards to broker, said F Elizabeth. Gooding, done and taken to the newest plaintiff when you look at the Lima, Kansas, its Number 1 Commercial Blanket Bond No. F 154564, to become effective may 15, 1957 (PX step 1). The text offered indemnity getting plaintiff up against people death of currency or any other assets that it, since insured, will suffer and determine due to the fact given regarding the thread so you can an enthusiastic matter not exceeding regarding aggregate $900, because of one fake otherwise dishonest act otherwise acts the full time by people a minumum of one of your own personnel of plaintiff, since defined in the thread, pretending by yourself or even in collusion with people, inside label of thread. (Plaintiff’s Proposed Looking for of-fact No. step three.)

4. An element of the bond within the match (PX 1) contains a supply going “Indemnity Facing Loss Under Earlier in the day Thread or Rules” and this regarded previous ties given by offender to help you plaintiff active Could possibly get 15, 1951 (PX dos, 3) that happen to be restored in may 1954 for an additional three year months. These two earlier in the day ties preceded quickly the bond in match into the area of your time, and you may have been cancelled at the time of elizabeth energetic. Both of these prior securities indemnified plaintiff against the same type of losses as the thread during the suit. Advanced for those two prior securities on its issuance and you will renewal, were properly paid of the plaintiff so you’re able to offender (PX 8, 9 and you will ten). The connection inside fit, when it try cancelled of the offender to your October step 1, 1958, and the main advanced therefor in the number of $twenty-four, towards the months shortly after Oct 1, 1958, was in fact returned to plaintiff.