Murphy Mercantile Co. v. United States Fidelity & Guaranty Co.

Idaho Supreme Court

Murphy Mercantile Co. v. United States Fidelity & Guaranty Co.

198 P. 670, 34 Idaho 20, 1921 Ida. LEXIS 65

DecidedMay 27, 1921

StatusPublished

This text of 198 P. 670 (Murphy Mercantile Co. v. United States Fidelity & Guaranty Co.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Murphy Mercantile Co. v. United States Fidelity & Guaranty Co., 198 P. 670, 34 Idaho 20, 1921 Ida. LEXIS 65 (Idaho 1921).

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Opinion

BUDGE, J. —

This action was brought by respondent to recover $1,459.69 from appellant as surety upon a bond to reimburse the former for any pecuniary loss sustained by reason of the fraud or dishonesty of its employees. The cause was tried before the court without a jury, and from a judgment in favor of respondent in the sum of $1,124.14, this appeal is taken.

From an examination of the record and the authorities, we have reached the conclusion that the evidence is sufficient to support the judgment, that the court did not err in its [22]*22construction of the bond (United States Fidelity & G. Co. v. Egg Shippers’ S. & Filler Co., 148 Fed. 353, 78 C. C. A. 345), and correctly applied the law to the facts of this case. No reversible error appearing in the record, the judgment of the trial court is affirmed, and it is so ordered. Costs are awarded to respondent.

Rice, C. J., and Dunn and Lee, JJ., concur. McCarthy, J., disqualified.

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BUDGE, J. —

This action was brought by respondent to recover $1,459.69 from appellant as surety upon a bond to reimburse the former for any pecuniary loss sustained by reason of the fraud or dishonesty of its employees. The cause was tried before the court without a jury, and from a judgment in favor of respondent in the sum of $1,124.14, this appeal is taken.

From an examination of the record and the authorities, we have reached the conclusion that the evidence is sufficient to support the judgment, that the court did not err in its [22]*22construction of the bond (United States Fidelity & G. Co. v. Egg Shippers’ S. & Filler Co., 148 Fed. 353, 78 C. C. A. 345), and correctly applied the law to the facts of this case. No reversible error appearing in the record, the judgment of the trial court is affirmed, and it is so ordered. Costs are awarded to respondent.

Rice, C. J., and Dunn and Lee, JJ., concur. McCarthy, J., disqualified.

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198 P. 670, 34 Idaho 20, 1921 Ida. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-mercantile-co-v-united-states-fidelity-guaranty-co-idaho-1921.

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