*634 Ross W. Shumaker and you can Robert G. Clayton, out-of Shumaker, Cycle & Kendrick, Toledo, Ohio, and Harry Roentgen. Meredith, out of Meredith, Meredith & Tait, Lima, Ohio, getting plaintiff.
William S. Burton and you may Joseph A good. Rotolo, from Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you can G. P. Openlander, Toledo, Ohio, getting offender.
Demonstration from the jury being waived because of the parties, while the Judge having read the new testimony off witnesses, analyzed the transcript of one’s proof and you will displays, believed the latest briefs, proposed findings of-fact and you may findings of law filed from the for every single of one’s activities, and you can read dental arguments out-of counsel, helps to make the adopting the *635 findings of-fact and you can results out-of rules:
1. It is and you may was at the appropriate years an inventory providers, licensed for and obtaining deposits regarding the community, it is, possesses been as the its incorporation, engaged in the private mortgage and you can financing organization throughout the Condition regarding Ohio, and in the relevant years handled and you may operated department practices having carrying on their company within 150 locations about state at least one branch being proudly located in the for every single county of your condition. (Plaintiff’s Proposed Looking of fact Zero. step 1.)
It’s subscribed in Short Mortgage Operate off Kansas to embark on its head loan business, in fact it is in supervision of your Superintendent of making and you can Mortgage Connectivity, as well as the fresh new Division away from Bonds of your County regarding Ohio
2. New accused try a firm prepared under the guidelines of your own United kingdom of great Britain and you can Ireland, along with its prominent bar or nightclub and you may master place of work on Us in town of Boston, Commonwealth out-of Massachusetts. It is registered to complete business that is working in the state of Kansas, along with the fresh new North Section thereof, including the furnishing to have settlement from surety and you can indemnity securities from the sort herein involved. In the associated decades it absolutely was depicted to some extent because of the a keen company in the Lima, Kansas, known as the Gooding Organization, having F. Elizabeth. Gooding of these enterprise because the an agent otherwise lawyer-in-truth toward offender. (Plaintiff’s Suggested In search of of fact Zero. dos.)
Plaintiff are an organization organized into the 1912 within the legislation of the state of Kansas governing strengthening and you will loan contacts, featuring its principal work environment in Lima, Ohio
3. On may 8, 1957, the brand new accused, from the and making use of their broker, said F. Elizabeth. Gooding, performed and taken to the fresh plaintiff inside the Lima, Kansas, their Top Industrial Blanket Bond No. F 154564, to become effective may 15, 1957 (PX step one). The connection given indemnity having plaintiff against people death of money and other assets that it, since covered, will suffer to see since the offered regarding thread so you can an count maybe not surpassing from the aggregate $900, as a result of one fake otherwise dishonest work or acts the full time from the one a minumum of one of teams from plaintiff, as the laid out in the thread, pretending by yourself or in collusion with folks, in name of the thread. (Plaintiff’s Recommended Looking of-fact No. step three.)
cuatro. An element of the bond within the suit (PX step 1) contains a provision oriented «Indemnity Against Losings Below Previous Thread otherwise Rules» which referred to earlier in the day securities awarded because of the defendant so you’re able online payday WA to plaintiff productive Can get 15, 1951 (PX dos, 3) which have been restored in-may 1954 for an extra three-year months. These two earlier in the day securities preceded instantly the bond for the suit in the section of your energy, and you can was cancelled at the time of elizabeth active. These two earlier in the day ties indemnified plaintiff resistant to the exact same sort of loss due to the fact bond from inside the match. Premium for these two prior bonds on the issuance and you may renewal, were duly repaid because of the plaintiff to accused (PX 8, 9 and you can 10). The text during the match, whether or not it are terminated because of the offender toward October 1, 1958, and the main premium therefor on amount of $twenty-four, into period just after Oct 1, 1958, had been returned to plaintiff.
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