*634 Ross W. Shumaker and you may Robert G. Clayton, of Shumaker, Loop & Kendrick, Toledo, Ohio, and Harry Roentgen. Meredith, from Meredith, Meredith & Tait, Lima, Ohio, to have plaintiff.
William S. Burton and you can Joseph Good. Rotolo, out of Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you will G. P. Openlander, Toledo, Ohio, to own offender.
Demo of the jury being waived by the parties, as well as the Court having read new testimony out of witnesses, examined the fresh new transcript of your proof and you may exhibits, believed the brand new briefs, suggested results of fact and you may results off law filed of the per of one’s people, and you can read oral objections away from counsel, makes the following *635 conclusions of fact and results away from law:
step one. It is and you will was at the relevant age an inventory company, signed up to receive and having dumps regarding average man or woman, it is, and has been since the its incorporation, involved with the non-public financing and you will finance company throughout the Condition from Ohio, plus in the relevant ages maintained and you will run department workplaces for carrying on their business in about 150 towns throughout the county at least one branch being proudly located for the for every single state of the state. (Plaintiff’s Proposed Looking of-fact No. step 1.)
It is subscribed underneath the Quick Financing Work regarding Kansas so you’re able to go on their lead mortgage providers, and that is in oversight of Superintendent to build and you will Mortgage Relationships, as well as the new Division of Securities of Condition away from Ohio
dos. The fresh new defendant try a firm arranged in laws and regulations of Uk of great Great britain and Ireland, with its dominating office and you will master office into Us in the city regarding Boston, Commonwealth out-of Massachusetts. It is licensed to complete company and that is conducting business when you look at the the state of Kansas, and in the new North Section thereof, like the decorating to possess payment off surety and indemnity ties from the sort here on it. Inside the related decades it absolutely was illustrated partly of the an enthusiastic department from the Lima, Kansas, referred to as Gooding Providers, with F. E. Gooding of this corporation once the a real estate agent otherwise attorney-in-reality into the accused. (Plaintiff’s Recommended Looking for of fact Zero. dos.)
Plaintiff is actually an organization organized in the 1912 beneath the guidelines out of the state of Ohio ruling strengthening and you can mortgage contacts, having its dominating workplace for the Lima, Kansas
step three. On 8, 1957, the fresh accused, by the and you can the help of its broker, said F. Elizabeth. Gooding, conducted and delivered to the fresh plaintiff inside the Lima, Ohio, the Top Industrial Blanket Bond Zero. F 154564, to become active may fifteen, 1957 (PX 1). The bond provided indemnity to possess plaintiff against any death of currency or other assets that it, as the insured, should experience to check out because the provided on thread to an enthusiastic amount perhaps not exceeding about aggregate $900, compliment of any fake or dishonest act otherwise acts the amount of time from the any no less than one of professionals out-of plaintiff, since outlined from the bond, pretending alone or even in collusion with folks, within the identity of your own bond. (Plaintiff’s Advised Trying to find of fact Zero. 3.)
cuatro. A portion of the bond for the match (PX step 1) contains a provision went “Indemnity Against Losings Below Earlier Bond or Rules” which labeled previous ties issued of the www.servicecashadvance.com/payday-loans-wv/williamson/ defendant so you’re able to plaintiff effective May 15, 1951 (PX 2, 3) which were renewed in may 1954 to have a supplementary three year months. These earlier in the day ties preceded quickly the text from inside the suit into the part of time, and you can had been terminated by elizabeth energetic. Both of these previous bonds indemnified plaintiff against the same variety of loss due to the fact bond from inside the match. Advanced of these a few prior securities on the issuance and you will revival, was indeed properly repaid by plaintiff in order to accused (PX 8, 9 and you may 10). The text during the match, if it are terminated of the defendant to your Oct step one, 1958, and you can a portion of the premium therefor on the amount of $24, to your months shortly after October step one, 1958, were gone back to plaintiff.