*634 Ross W. Shumaker and you will Robert G. Clayton, from Shumaker, Loop & Kendrick, Toledo, Ohio, and you can Harry R. Meredith, out of Meredith, Meredith & Tait, Lima, Ohio, to possess plaintiff.
William S. Burton and you will Joseph A good. Rotolo, out-of Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you can Grams. P. Openlander, Toledo, Ohio, to own offender.
Demonstration from the jury having been waived of the events, as well as the Court with read the fresh testimony out of witnesses, reviewed the latest transcript of the proof and you will showcases, experienced the latest briefs, suggested conclusions of fact and you can conclusions off laws recorded of the for each of parties, and you may heard oral arguments away from the recommendations, helps make the pursuing the *635 conclusions of fact and you may conclusions off laws:
1. It is and you may was a student in the relevant years an inventory providers, authorized for and having dumps in the public, it is, and contains already been as their incorporation, engaged in the private mortgage and you can loans providers on the Condition away from Kansas, and in the relevant decades handled and manage part practices for carrying-on the business in approximately 150 places regarding the state at least one branch being located within the for each and every county of state. (Plaintiff’s Recommended In search of of-fact Zero. step one.)
It is signed up within the Brief Loan Work of Kansas in order to continue the head loan providers, which is according to the supervision of Superintendent of making and Financing Relationships, as well as the fresh new Department away from Bonds of the State out of Kansas
dos. The fresh offender try a business organized under the rules of one’s Uk of great The uk and Ireland, using its prominent office and chief office towards All of us in the city regarding Boston, Commonwealth out-of Massachusetts. It is authorized to complete company which will be doing business from inside the the state of Kansas, and also in the fresh new Northern Area thereof, like the decorating having settlement from surety and you may indemnity securities from the type here in it. Into the relevant many years it absolutely was illustrated partly of the an enthusiastic service on Lima, Kansas, referred to as Gooding Providers, that have F. Age. Gooding of that corporation as the a realtor or attorneys-in-truth for the defendant. (Plaintiff’s Suggested Selecting of-fact No. dos.)
Plaintiff is an organization structured for the 1912 under the legislation out-of the condition of Ohio governing strengthening and loan relationships, having its prominent workplace into the Lima, Kansas
step three. On 8, 1957, this new accused, by and using their representative, said F. Age. Gooding, done and you will taken to the latest plaintiff inside the Lima, Ohio, its First Commercial Blanket Bond Zero. F 154564, in order to become energetic may 15, 1957 (PX 1) cash loan in Portland. The connection considering indemnity to possess plaintiff against people loss of money and other possessions that it, since insured, should sustain to discover given that given about bond to an number maybe not exceeding from the aggregate $900, as a consequence of people fraudulent or dishonest act otherwise acts the full time by any a minumum of one of your employees off plaintiff, because outlined on thread, acting by yourself or perhaps in collusion with folks, from inside the title of your own thread. (Plaintiff’s Recommended Looking of-fact Zero. 3.)
4. Area of the thread within the fit (PX 1) consisted of a supply on course “Indemnity Against Loss Significantly less than Past Bond otherwise Rules” hence labeled earlier in the day securities awarded from the defendant so you’re able to plaintiff active Can get 15, 1951 (PX 2, 3) which were renewed in-may 1954 getting a supplementary three year months. Those two prior ties preceded instantaneously the connection during the fit in the section of your energy, and you may were cancelled since elizabeth productive. These two earlier bonds indemnified plaintiff up against the same sorts of losings once the bond into the match. Premium of these several earlier in the day bonds abreast of their issuance and you can restoration, was duly paid because of the plaintiff to help you defendant (PX 8, nine and you will 10). The text from inside the suit, if it are terminated of the defendant toward Oct 1, 1958, and area of the advanced therefor regarding amount of $twenty-four, towards months once Oct 1, 1958, was in fact gone back to plaintiff.