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: 82
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' ' 250 FtIERAL R' POR'I'ER ' '
ing bf the bond the obligee made a written statement to the Aurety,
which was"referied to in a clause of the lond immediately preceding
the following one: ' "
''lN'ow, therefore, in consideration of'the sum 6f twenty-five -$25.00) dollars
ptid its a premium for the' period from -October 1, 1910, to October 1, 1911; at
12 o'clock noon. and ]ppon the faith of the said statement as aforesaid by the
obligee, and any subsequent statement or statements, all of which statements
the obligee hereby warrants to be true, it is hereby agreed and declared that,
subject to the provisions and conditions herein contained, which shall be
conditions precedent to the right on the part of the obligee to recover under
this bond, the surety shall," etc.
Each of'the renewals was evidenced by an instrument, called "Con-
tinuation Certificate," a copy of one of which is the following:
"In consideration of the sum of thirty no/100 dollars, the Interstate Casualty
Company hereby continuestin force'bond No. 1171-10 in the sum of ten thou-
sand and no/100 dollars, on behalf of Oscar Paul McKinzie, in favor, of Bank
of Panama City, for the period beginning the first day of October, 1911, and
ending on the first day of October, 1912. subject to all the covenants and con-
ditions of said original bonds'heretofore issued, dating from the first day of
"Witness the signature of the president and assistant secretary, this 20th
day of September, 1911. Henry B. Gray, President.
"[Seal.] Cory F. Baker, Asst Secretary."
Prior to the making of each continuation certificate the obligee gave
to the surety a written statement, a copy of one of which is the fol-
"To Ihe Interstate Casualty Company:
"This is to certify that the books and accounts of Mr. Oscar P. McKinzie
were examined by us from time to time in the regular course of business and we
found them correct in every respect, all moneys or property in his control or
custody being accoulrted for, with proper securities and funds on hand to bal-
ance his accounts, and he is not now in default.
"He has performed his duties in an acceptable and satisfactory manner, and
no change has occurred in the terms or conditions of his employment as spec-
ified by us when the bond was executed.
"Dated at Panama City, Fla., this 27th day of September. 1911.
"[Signature of Employer] Bank of Panama City.
"By G. W. West,
"[Bank Seal] President [Official Capacity]."
The renewals in 1912, 1913, and 1914 were accomplished in like
manner. The bill of exceptions contains the following statement:
"It was admitted that a tender of the premiums paid on the bond, with in-
terest, had been timely made, and each tender had been made good by bringing
the money in open court, which tender had been and wab refused by the
The evidence adduced was without conflict to the effect that at the
time of each of the renewals McKinzie was in default, having mis-
appropriated to his own use funds of the bank while acting as its
cashier. It did not show that he was in default at the time the orig-
inal bond was made. The court instructed the jury to find for the
plaintiff for the agreed amount of the shortage which accrued during
the period covered by the original bond, with interest on that amount.
It ruled that as to all other shortages the plaintiff was not entitled to
recover. The last-mentioned ruling was duly excepted to.
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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/m1/96/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.