*634 Ross W. Shumaker and Robert G. Clayton, from Shumaker, Loop & Kendrick, Toledo, Kansas, and you will Harry Roentgen. Meredith, from Meredith, Meredith & Tait, Lima, Kansas, having plaintiff.

William S. Burton and you can Joseph Good. Rotolo, off Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you can G. P. Openlander, Toledo, Kansas, getting accused.

Demo by the jury being waived from the activities, therefore the Court which have heard the latest testimony from witnesses, reviewed the new transcript of the evidence and shows, considered the brand new briefs, advised findings of fact and you may results off law filed by for every single of the functions, and you can heard oral arguments regarding the recommendations, helps to make the after the *635 results of-fact and results off laws:

step 1. It is and you can was a student in the appropriate age a stock team, signed up to receive and obtaining places about community, it is, and contains started as their incorporation, involved with the non-public mortgage and finance organization regarding Condition off Kansas, as well as in the relevant age was able and you may manage branch offices for carrying-on the organization within 150 metropolises on the condition at least one department being proudly located for the for every county of one’s county. (Plaintiff’s Proposed Wanting of-fact No. step 1.)

It is signed up beneath the Brief Loan Act out-of Ohio in order to go on its head loan organization, which will be according to the oversight of the Superintendent to build and Mortgage Contacts, and of the latest Department from Bonds of State from Kansas

dos. The newest offender is actually a company arranged under the regulations of Uk of good The uk and you can Ireland, featuring its dominant bar or nightclub and you will master work environment with the United states in the city from Boston, Commonwealth off Massachusetts. It is signed up accomplish business which will be working when you look at the the condition of Kansas, as well as in the brand new Northern Area thereof, such as the furnishing to own compensation out-of surety and you may indemnity ties out-of the sort herein with it. In the related age it absolutely was depicted partly from the a keen agency from the Lima, Kansas, known as the Gooding Organization, having F. Elizabeth. Gooding of that business due to the fact a realtor otherwise lawyer-in-facts into accused. (Plaintiff’s Proposed Trying to find of-fact No. dos.)

Plaintiff try an enterprise prepared inside the 1912 according to the laws and regulations off the condition of Ohio governing strengthening and loan contacts, along with its prominent office when you look at the Lima, Ohio

step three. On 8, 1957, the fresh new defendant, of the and you can using their agent, said F. Elizabeth. Gooding, performed and brought to brand new plaintiff from inside the Lima, Ohio, their No. 1 Industrial Blanket Bond Zero. F 154564, in order to become active may fifteen, 1957 (PX step 1). The text offered indemnity to own plaintiff against any loss of currency or other assets it, because the insured, should suffer and watch once the considering from the bond so you can an amount not surpassing from the aggregate $900, through any deceptive otherwise dishonest work otherwise acts the full time because of the any one or more of employees out-of plaintiff, since laid out about thread, pretending alone or in collusion with others, from inside the label of your bond. (Plaintiff’s Proposed Selecting of fact No. step 3.)

4. The main bond inside the suit (PX step one) contained a provision went “Indemnity Against Loss Around Earlier Thread otherwise Plan” hence described earlier bonds granted from the accused to help you plaintiff energetic Could possibly get 15, 1951 (PX dos, 3) which were restored in-may 1954 having an extra three year period. Those two earlier in the day securities preceded immediately the bond inside the suit when you look at the part of time, and you can was in fact cancelled as of elizabeth effective. These two earlier securities indemnified plaintiff from the same form of losings given that bond inside suit. Advanced online payday VA of these one or two earlier ties upon its issuance and you will restoration, were duly reduced of the plaintiff so you’re able to defendant (PX 8, nine and you will ten). The text into the suit, whether it was terminated by accused to the Oct step one, 1958, and you may a portion of the advanced therefor about quantity of $24, into the period immediately after October 1, 1958, had been gone back to plaintiff.