The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 81
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GREEN V. INTERSTATE CASUALTY CO.
had or had not become entitled under the contract to delay the com-
pletion of the work until about February 1, 1913. The only ground
relied on to support the contention that the appellant, under its rein-
surance agreement, was not liable for the contractors' default, was un-
supported by the evidence adduced. It follows that the complaint
against the decree appealed from is not sustainable.
That decree is affirmed.
GREEN v. INTERSTATE CASUALTY CO.
(Circuit Court of Appeals, Fifth Circuit. March 3, 1919.)
PRINCIPAL AND SBURETY e57-FIDELITY BONDS-RENEWALS-AVOIDANCE FOR
BREACH oF WARRANTIES.
A surety company, which executed a bond, insuring the fidelity of a bank
cashier, and annual renewals thereof, each "subject to all the covenants
and conditions" of the original bond, and made in consideration of a
written statement by the bank that the cashier was not then in default,
which statements were by the original bond made warranties, held not
liable for defaults occurring after the original term, where it was shown
that the cashier was in default during such term, and that all renewal
statements to the contrary were false.
In Error to the District Court of the United States for the Northern
District of Alabama; William I. Grubb, Judge.
Action at law by D. L. Green, as receiver of the Bank of Panama
City, against the Interstate Casualty Company. From the judgment,
plaintiff brings error. Affirmed.
Sterling A. Wood, of Birmingham, Ala. (John H. Carter, of Mari-
anna, Fla., on the brief), for plaintiff in error.
J. T. Stokely and R. H. Scrivner, both of Birmingham, Ala., for de-
fendant in error.
Before WALKER and BATTS, Circuit Judges, and BEVERLY D.
EVANS, District Judge.
WALKER, Circuit Judge. This was an action by the plaintiff in
error, suing as the receiver of the Bank of Panama City, on a bond and
renewals thereof given to the bank by the defendant in error, the In-
terstate Casualty Company, as surety of one McKinzie, who was the
cashier of the bank. By the original bond the surety agreed "to make
good and reimburse to the obligee, to the extent of tcn thousand dollars,
any and all pecuniary loss sustained by the obligee of money, securities,
or other personal property in the possession of the principal, or for
the possession of which he is responsible, by any act of dishonesty on
the part of the principal in the discharge of the duties of his office or
position as set forth in said statement referred to, amounting to lar-
ceny or embezzlement, and which shall have been committed during the
continuance of this bond, or any renewal thereof, and discovered dur-
ing said continuance, or within" a time specified. Prior to the mak-
~For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/95/: accessed January 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.