Fidelity Deposit v. Central St. Bank

1 Citing case

  1. Hartford Accident I. v. Wichita Laundry

    23 S.W.2d 765 (Tex. Civ. App. 1929)   Cited 2 times

    The testimony was ample to sustain plaintiff's contention that Porterfield failed to return any of the articles of laundry which he took out of plaintiff's plant for delivery to customers, and failed to return any collections therefor; but no evidence was introduced to show that he actually made such collections, aside from the circumstances just related and other testimony of fraudulent transactions in the manner of diverting some of the laundry from one schedule to another. In Fidelity Deposit Co. v. Central State Bank, 12 S.W.2d 611, 612, opinion by Justice Stanford of the Court of Civil Appeals at Waco, the following was said: "We do not think the contract of indemnity in this case makes it a prerequisite to a recovery that the offending party should be technically and criminally guilty of the offenses named in the bond. The embezzlement of the notes or the proceeds of said notes, though, perhaps, not embezzlement in the sense that a criminal prosecution could have been succesfully maintained, yet was such embezzlement as is comprehended by the contract of insurance herein.