*634 Ross W. Shumaker and Robert G. Clayton, out-of Shumaker, Circle & Kendrick, Toledo, Kansas, and you can Harry Roentgen. Meredith, from Meredith, Meredith & Tait, Lima, Ohio, to possess plaintiff.

William S. Burton and you can Joseph An excellent. Rotolo, out of Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, and you will Grams. P. Openlander, Toledo, Ohio, for defendant.

Demo from the jury being waived from the events, together with Courtroom that have heard the testimony out of witnesses, analyzed the new transcript of one’s facts and you may shows, noticed the newest briefs, proposed findings of-fact and you may conclusions out of law submitted of the for each of your events, and read dental arguments away from guidance, helps to make the after the *635 results of fact and results away from law:

step one. It’s and was a student in the appropriate age a stock company, signed up to receive and receiving deposits on the average man or woman, but is, and has now become once the its incorporation, engaged in the personal loan and you will loans business https://paydayloanservice.org/payday-loans-co/ throughout the County away from Kansas, along with the relevant years maintained and you may manage branch practices to own carrying-on its organization in approximately 150 locations regarding county a minumum of one part being located in the each county of condition. (Plaintiff’s Proposed Looking for of fact Zero. step 1.)

It’s subscribed under the Quick Loan Operate regarding Kansas in order to continue the lead loan providers, which can be in supervision of your Superintendent to build and Loan Relationships, and of the fresh new Section out-of Securities of one’s Condition away from Kansas

dos. The newest accused try an agency organized according to the rules of your own British of great Britain and you will Ireland, having its principal office and head place of work to the You around out-of Boston, Commonwealth out of Massachusetts. It’s authorized accomplish business and that is doing business during the the state of Ohio, and also in the fresh new North District thereof, including the furnishing having compensation of surety and indemnity bonds out-of the kind here on it. For the associated age it absolutely was illustrated in part by an service at the Lima, Ohio, known as the Gooding Business, with F. Elizabeth. Gooding of the business because the a representative otherwise attorney-in-facts towards defendant. (Plaintiff’s Recommended Finding of-fact No. 2.)

Plaintiff are a business planned from inside the 1912 in guidelines regarding the state of Kansas ruling building and you can mortgage connectivity, with its dominant workplace during the Lima, Kansas

3. On may 8, 1957, brand new offender, of the and you can through its broker, said F. Elizabeth. Gooding, performed and brought to the newest plaintiff in the Lima, Kansas, the Number 1 Commercial Blanket Bond Zero. F 154564, becoming energetic on fifteen, 1957 (PX step 1). The bond provided indemnity for plaintiff facing one death of money or any other property it, given that covered, shall experience and view as the considering about thread to an amount perhaps not surpassing in the aggregate $900, compliment of any fake otherwise dishonest act or acts committed by any no less than one of the staff from plaintiff, because laid out throughout the bond, acting alone or perhaps in collusion with folks, into the identity of your own thread. (Plaintiff’s Suggested Shopping for of fact Zero. 3.)

cuatro. The main thread in fit (PX 1) consisted of a provision oriented “Indemnity Against Losings Less than Previous Bond or Coverage” and that regarded earlier bonds issued of the offender to plaintiff effective Can get fifteen, 1951 (PX 2, 3) which were revived in may 1954 for an extra three-year months. Both of these earlier in the day ties preceded instantaneously the connection in suit into the part of energy, and you may have been cancelled by age active. These prior ties indemnified plaintiff against the same sort of losses just like the bond from inside the match. Premiums for those a couple of previous bonds through to their issuance and you can revival, was basically duly paid down from the plaintiff in order to accused (PX 8, 9 and you will ten). The bond in suit, in the event it is actually cancelled of the defendant into the Oct 1, 1958, and an element of the premium therefor from the amount of $twenty four, on period shortly after October 1, 1958, was indeed returned to plaintiff.