*634 Ross W. Shumaker and you will Robert G. Clayton, out of Shumaker, Cycle & Kendrick, Toledo, Kansas, and you may Harry Roentgen. Meredith, of Meredith, Meredith & Tait, Lima, Kansas, for plaintiff.
William S. Burton and you will Joseph A beneficial. Rotolo, of Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you can G. P. Openlander, Toledo, Ohio, to have defendant.
Demo of the jury having been waived from the people, together with Legal having read this new testimony regarding witnesses, examined the fresh new transcript of the research and you will displays, thought this new briefs, proposed findings of-fact and results out of laws recorded by the each of the activities, and you can heard dental arguments regarding the advice, makes the pursuing the *635 conclusions of-fact and you may conclusions regarding laws:
1. It is and you will was a student in the relevant years a stock organization, registered to receive and receiving deposits about public, it is, features come once the its incorporation, involved with the non-public loan and you may funds company regarding the State regarding Kansas, as well as in the relevant ages managed and you may operate part workplaces to own carrying on their providers within 150 metropolitan areas on condition one branch being proudly located when you look at the for each county of county. (Plaintiff’s Suggested Searching for of-fact No. step one.)
It’s registered according to the Short Financing Operate off Kansas so you’re able to continue its direct loan business, and is in supervision of one’s Superintendent to build and you can Loan Contacts, and of the fresh new Office off Ties of your own State out-of Ohio
2. This new accused is a company structured in rules of the British of good Britain and Ireland, featuring its dominant bar or nightclub and you will master workplace into the You in the city from Boston, Commonwealth from Massachusetts. It’s licensed doing organization and that is doing business in the the condition of Kansas, plus in the fresh Northern District thereof, such as the furnishing to have compensation off surety and you can indemnity bonds off the type herein with it. In relevant years it was illustrated partly because of the an service within Lima, Ohio, referred to as Gooding Company, which have F. Elizabeth. Gooding of this agency just like the a realtor otherwise attorney-in-truth with the accused. (Plaintiff’s Recommended Wanting of fact No. 2.)
Plaintiff is a firm structured during the 1912 in guidelines away from the state of Kansas governing building and you may financing associations, using its dominant place of work within the Lima, Kansas
step 3. may 8, 1957, the brand new offender, from the and you may with regards to representative, told you F. Age. Gooding, executed and you can brought to the new plaintiff from inside the Lima, Ohio, its Primary Commercial Blanket Thread Zero. F 154564, to become energetic on may 15, 1957 (PX 1). The connection offered indemnity for plaintiff up against one loss of money or any other assets which it, once the covered, shall experience and discover while the given in the bond in order to a keen matter maybe not exceeding on the aggregate $900, owing to any https://servicecashadvance.com/payday-loans-nc/lenoir/ fake or unethical work or acts the full time because of the people a minumum of one of professionals out-of plaintiff, since the discussed throughout the bond, pretending alone or perhaps in collusion with people, from inside the term of thread. (Plaintiff’s Suggested Trying to find of-fact Zero. 3.)
4. The main bond during the fit (PX step one) consisted of a supply lead “Indemnity Up against Losses Not as much as Past Bond or Plan” and that described prior securities granted by the defendant so you’re able to plaintiff energetic Can get fifteen, 1951 (PX dos, 3) that have been restored in may 1954 to have an additional three year several months. Those two previous ties preceded immediately the bond in suit inside area of time, and you will was cancelled at the time of elizabeth active. These previous securities indemnified plaintiff up against the exact same particular losings as the bond during the fit. Premium for these one or two earlier securities on their issuance and you may renewal, have been duly paid off by the plaintiff so you’re able to offender (PX 8, 9 and you may 10). The text for the match, whether or not it are cancelled of the offender towards Oct 1, 1958, and you may area of the superior therefor about number of $twenty-four, to your period immediately after Oct 1, 1958, was indeed gone back to plaintiff.
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