At the outset we start with the Texas rule that doubts in construction of the bond must be resolved against the surety. Fidelity and Deposit Co. of Maryland v. Central State Bank, Tex. Civ.App. 1928, 12 S.W.2d 611, 613; Massachusetts Bonding Ins. Co. v. Texas Finance Corp., Tex.Civ.App. 1924, 258 S.W. 250, error dismissed; First State Bank v. Metropolitan Casualty Ins. Co., 1935, 125 Tex. 113, 79 S.W.2d 835, 98 A.L.R. 1256. But we see no doubt and no reason to import doubt.
The trial court found that the money was taken dishonestly and with intent to steal it. This may be called a theft or an embezzlement, but whatever it may be called, it was covered by appellant's fidelity bond, which protected appellee. Hartford Accident I. Co. v. Wichita Laundry Co. (Tex.Civ.App.) 23 S.W.2d 765; Fidelity Deposit Co. v. Central State Bank (Tex.Civ.App.) 12 S.W.2d 611. The phrase "including that for which the employer is responsible," expressed in the terms of the fidelity bond as protecting the employer against pecuniary loss by reason of the dishonesty, theft, embezzlement, etc., of an employee, makes the insurer liable for any funds so lost while in the care and keeping of the employer, although such funds are at a subsequent date to the loss intended to be delivered by the employer to a corporation theretofore organized, but not yet actively engaged in business in its own name.
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.