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

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

*634 Ross W. Shumaker and you will Robert Grams. Clayton, away from Shumaker, Circle & Kendrick, Toledo, Ohio, and you will Harry R. Meredith, regarding Meredith, Meredith & Tait, Lima, Kansas, for plaintiff.

William S. Burton and you can Joseph Good. Rotolo, off Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you may Grams. P. Openlander, Toledo, Ohio, having accused.

Trial by jury being waived of the events, and Court that have heard the latest testimony out of witnesses, assessed brand new transcript of the evidence and you will exhibits, thought the fresh new briefs, recommended conclusions of fact and you will conclusions regarding rules registered because of the for each and every of parties, and read oral objections from guidance, makes the adopting the *635 findings of fact and you can results away from rules:

step one. It’s and was a student in the relevant years a stock providers, signed up to receive and receiving places regarding community, it is, and also started just like the its incorporation, engaged in the personal mortgage and you may fund providers regarding Condition off Ohio, plus the appropriate ages was able and you will work department workplaces having carrying-on the team in approximately 150 towns in the condition one branch being located from inside the for every condition of one’s state. (Plaintiff’s Proposed In search of of-fact No. 1.)

It is licensed beneath the Small Mortgage Operate of Kansas to help you continue their head loan company, that will be underneath the supervision of one’s Superintendent of building and you will Mortgage Connections, and of this new Office out-of Securities of one’s Condition out-of Kansas

2. The brand new offender is actually a corporation structured according to the legislation of one’s United kingdom of good Great britain and Ireland, having its dominating place of business and you will master work environment into the Us in the city out-of Boston, Commonwealth out of Massachusetts. It’s authorized accomplish company and that’s working inside the the state of Kansas, plus brand new Northern Area thereof, including the decorating getting payment out-of surety and indemnity securities out-of the sort here in it. Inside relevant ages it actually was represented partly of the an agency within Lima, Kansas, referred to as Gooding Team, having F. Age. Gooding of that company because a realtor otherwise lawyer-in-truth toward defendant. (Plaintiff’s Recommended Looking for of-fact No. 2.)

Plaintiff is a business structured when you look at the 1912 in guidelines off the state of Ohio governing strengthening and you may loan connections, having its principal office inside the Lima, Kansas

step 3. may 8, 1957, the latest defendant, of the and employing agent, told you F. E. Gooding, performed and you may taken to the latest plaintiff in the Lima, Ohio, the First Industrial Blanket Bond No. F 154564, to become effective may fifteen, 1957 (PX 1). The text provided indemnity getting plaintiff up against people loss of money and other assets that it, due to the fact covered, will experience and find out since offered from the bond to a keen amount not exceeding throughout the aggregate $900, owing to people deceptive otherwise unethical operate otherwise acts the time by the one a minumum of one of group of plaintiff, given that laid out regarding the thread, pretending alone or even in collusion with folks, in label of the bond. (Plaintiff’s Suggested Searching for of-fact Zero. step three.)

4. Area of the thread in the match (PX step 1) consisted of a provision headed “Indemnity Against Losings Significantly less than Earlier Thread otherwise Policy” and this described previous ties issued from the offender in order to plaintiff energetic Get 15, 1951 (PX 2, 3) that have been revived in-may 1954 to possess an extra three-year several months. Both of these earlier in the day ties preceded immediately the text during the suit during the area of your time, and you may have been cancelled since elizabeth productive. Those two prior ties Bloomsburg online payday advance indemnified plaintiff contrary to the same particular losings as bond in the match. Advanced of these a couple earlier securities abreast of the issuance and you will renewal, had been duly paid by the plaintiff so you’re able to accused (PX 8, nine and you may 10). The connection from inside the fit, in the event it was cancelled of the defendant on the October step one, 1958, and you will an element of the advanced therefor on quantity of $twenty four, to the months after Oct step 1, 1958, have been returned to plaintiff.

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