*634 Ross W. Shumaker and you will Robert G. Clayton, away from Shumaker, Loop & Kendrick, Toledo, Kansas, and you will Harry Roentgen. Meredith, off Meredith, Meredith & Tait, Lima, Ohio, to have plaintiff.
William S. Burton and you may Joseph A good. Rotolo, off Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, and you can Grams. P. Openlander, Toledo, Kansas, to possess accused.
Demo by the jury having been waived by the parties, while the Court having heard the fresh new testimony out of witnesses, analyzed this new transcript of proof and you may shows, experienced the fresh new briefs, suggested findings of fact and you may conclusions regarding law filed by the each of one’s people, and you will read oral arguments out-of the advice, makes the after the *635 results of fact and you may findings away from law:
step 1. It’s and you will was in the appropriate age a stock business, registered to receive and receiving places regarding the public, but is, possesses been once the the incorporation, engaged in the private loan and you can fund organization regarding the State out-of Kansas, plus in the appropriate years maintained and you may manage part workplaces getting carrying on its providers in about 150 places regarding the state a minumum of one part being proudly located within the for each state of the state. (Plaintiff’s Suggested Interested in of-fact Zero. step 1.)
It is signed up in Brief Mortgage Act away from Ohio so you can embark on their lead financing company, which will be within the oversight of the Superintendent to build and you may Loan Connections, as well as the latest Division regarding Securities of your County from Kansas
2. The new defendant is actually an enterprise prepared beneath the guidelines of the Uk of good The uk and you may Ireland, with its dominant office and you can chief place of work on Us in town from Boston, Commonwealth out of Massachusetts. It is authorized to do team that’s conducting business within the the condition of Kansas, and in this new Northern District thereof, for instance the decorating to have settlement off surety and you can indemnity ties away from the sort herein inside. In associated decades it had been depicted simply by an institution during the Lima, Kansas, known as the Gooding Organization, with F. E. Gooding of these agency because the a real estate agent otherwise lawyer-in-truth for the accused. (Plaintiff’s Proposed Selecting of-fact Zero. dos.)
Plaintiff are an organization planned for the 1912 within the laws and regulations out of the condition of Kansas ruling building and you will financing contacts, featuring its dominant work environment for the Lima, Ohio
step three. On may 8, 1957, new accused, because of the and you will using their representative, told you F. E. Gooding, performed and you may delivered to the brand new plaintiff into the Lima, Ohio, the Top Industrial Blanket Bond No. F 154564, to become effective on may fifteen, 1957 (PX step 1). The connection provided indemnity having plaintiff facing one death of currency or any other assets that it, just like the insured, should suffer to check out due to the fact considering on thread in order to an count not exceeding throughout the aggregate $900, owing to one fake otherwise unethical act otherwise serves the time by the people one or more of group of plaintiff, because laid out about bond, pretending by yourself or in collusion with folks, inside the title of the thread. (Plaintiff’s Proposed Looking for of fact No. step 3.)
4. An element of the bond when you look at the match (PX step one) consisted of a supply oriented «Indemnity Against Losings Less than Earlier in the day Bond otherwise Plan» and therefore known earlier in the day bonds awarded by accused to help you plaintiff productive Could possibly get 15, 1951 (PX 2, 3) that happen to be restored in may 1954 having a supplementary three year months. These two early in the day ties preceded instantly the bond when you look at the suit in the part of time, and you will have been cancelled at the time of age energetic. Those two prior bonds indemnified plaintiff resistant to the exact same variety of losses because thread during the suit. Premiums of these a few earlier in the day bonds on their issuance and you may restoration, had been duly paid back by the plaintiff to offender (PX 8, nine and ten). The text when you look at the suit, in the event it try terminated because of the offender with the October 1, 1958, and you may part of the advanced therefor about quantity of $twenty four, into the months once October step 1, 1958, was basically gone back to plaintiff.