Urban area Mortgage & Sav. Co. v. EMPLOYERS’LIABILITY ASSUR. CORP., LTD., 249 F. Supp. 633 (Letter.D. Ohio 1964)

*634 Ross W. Shumaker and you can Robert G. Clayton, from Shumaker, Loop & Kendrick, Toledo, Kansas, and you can Harry Roentgen. Meredith, regarding Meredith, Meredith & Tait, Lima, Ohio, to own plaintiff.

William S. Burton and you can Joseph A beneficial. Rotolo, off Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you may G. P. Openlander, Toledo, Ohio, to own offender.

Demo because of the jury being waived of the people, while the Legal which have read brand new testimony of witnesses, analyzed the fresh transcript of the proof and you can shows, felt the fresh new briefs, advised conclusions of fact and you may conclusions away from legislation registered by the for each and every of your own events, and you will heard dental arguments out of counsel, helps make the adopting the *635 conclusions of-fact and conclusions regarding laws:

step one. It is and you will was a student in the appropriate years an inventory providers, licensed for and getting deposits regarding average man or woman, it is, features come given that its incorporation, engaged in the personal financing and you may funds company regarding the County from Kansas, and also in the relevant years handled and you can operated part offices having carrying-on their organization in about 150 locations about condition a minumum of one branch being proudly located when you look at the for every single state of your county. (Plaintiff’s Recommended Seeking of-fact Zero. step one.)

It’s registered under the Quick Loan Act off Kansas so you’re able to continue their lead financing company, in fact it is in supervision of Superintendent of building and you may Loan Associations, and of the new Department out-of Ties of your Condition away from Kansas

dos. New defendant try an agency structured according to the laws of one’s United kingdom of good The uk and Ireland, having its prominent place of business and you can master workplace towards All of us around away from Boston, Commonwealth away from Massachusetts. It’s subscribed to do organization and that is conducting business for the the condition of Kansas, and also in the newest North District thereof, including the decorating for compensation regarding surety and indemnity bonds regarding the type here involved. During the relevant decades it actually was portrayed to some extent by the an service in the Lima, Ohio, known as the Gooding Business, which have F. Age. payday loans Bridgewater PA Gooding of the enterprise as the a real estate agent otherwise attorney-in-truth on defendant. (Plaintiff’s Recommended Shopping for of fact Zero. 2.)

Plaintiff is an organization organized inside the 1912 within the laws away from the state of Kansas ruling strengthening and you may mortgage contacts, with its dominating place of work when you look at the Lima, Kansas

3. On may 8, 1957, the fresh new offender, from the and you may with the representative, said F. E. Gooding, performed and you will brought to the fresh plaintiff in the Lima, Ohio, their No. 1 Industrial Blanket Bond No. F 154564, being productive on may fifteen, 1957 (PX 1). The connection offered indemnity getting plaintiff against one loss of money and other possessions it, due to the fact covered, will sustain to see as provided on the thread in order to an enthusiastic number perhaps not surpassing regarding the aggregate $900, owing to people fraudulent or dishonest work or acts committed because of the people no less than one of your employees regarding plaintiff, as discussed regarding bond, acting by yourself or perhaps in collusion with people, for the label of your thread. (Plaintiff’s Proposed Looking for of fact Zero. step 3.)

4. The main bond from inside the match (PX step 1) contains a supply oriented “Indemnity Against Loss Below Past Thread or Policy” and this referred to earlier securities granted because of the offender so you can plaintiff productive Get fifteen, 1951 (PX dos, 3) which have been revived in-may 1954 to own an additional three-year several months. These prior securities preceded instantly the connection within the match inside point of your energy, and had been cancelled since e active. These earlier bonds indemnified plaintiff against the exact same particular losings while the bond during the fit. Advanced of these one or two previous bonds upon the issuance and you will revival, was basically duly paid down by plaintiff to offender (PX 8, nine and you will 10). The bond during the match, in the event it try cancelled because of the accused into Oct step 1, 1958, and an element of the premium therefor on amount of $twenty-four, toward months just after Oct step 1, 1958, was basically gone back to plaintiff.