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*634 Ross W. Shumaker and Robert G. Clayton, out of Shumaker Arizona online loans, Circle & Kendrick, Toledo, Kansas, and you may Harry R. Meredith, of Meredith, Meredith & Tait, Lima, Ohio, having plaintiff.

William S. Burton and you may Joseph An excellent. Rotolo, of Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you can G. P. Openlander, Toledo, Kansas, having defendant.

Trial by the jury being waived by the parties, plus the Legal that have heard the new testimony off witnesses, reviewed the fresh transcript of your own proof and you may displays, noticed brand new briefs, suggested conclusions of-fact and you can conclusions out-of law recorded because of the for each of the people, and you may heard oral objections off guidance, helps to make the following the *635 findings of-fact and you will conclusions of legislation:

step 1. It’s and you may was in the relevant years an inventory company, authorized for and getting dumps on the general public, it is, possesses become because the the incorporation, involved with the non-public mortgage and you will fund team on State off Kansas, plus the relevant years handled and you will manage part offices to have carrying-on their team within 150 places regarding the condition one or more part being proudly located inside the for every single state of one’s state. (Plaintiff’s Proposed In search of of-fact No. step one.)

It’s subscribed according to the Small Loan Act away from Ohio to carry on their direct mortgage organization, and is beneath the supervision of one’s Superintendent to build and Financing Connections, as well as the fresh Section out-of Bonds of your County regarding Ohio

2. New defendant are a business structured according to the legislation of the Uk of great Great britain and you will Ireland, using its dominating office and chief place of work toward Us in town from Boston, Commonwealth off Massachusetts. It’s licensed doing organization which can be doing business inside the state of Kansas, along with new Northern Region thereof, including the furnishing getting compensation out of surety and you can indemnity securities off the sort herein in it. In the associated years it was portrayed in part of the an enthusiastic department on Lima, Ohio, known as the Gooding Providers, which have F. E. Gooding of this organization because the a real estate agent otherwise lawyer-in-truth into accused. (Plaintiff’s Advised Shopping for of-fact No. dos.)

Plaintiff try a corporation arranged inside 1912 within the legislation off the state of Ohio governing strengthening and you may loan connectivity, featuring its dominant work environment in the Lima, Kansas

3. On 8, 1957, the brand new defendant, because of the and employing broker, said F. Age. Gooding, performed and you may delivered to the plaintiff inside the Lima, Ohio, the Number one Industrial Blanket Thread No. F 154564, to be energetic on 15, 1957 (PX step 1). The connection given indemnity to own plaintiff against one loss of money and other assets it, while the covered, shall sustain and see due to the fact considering in the bond to a keen amount not exceeding throughout the aggregate $900, thanks to people fake otherwise shady act otherwise serves the time by one a minumum of one of professionals out-of plaintiff, given that defined on bond, acting alone or in collusion with individuals, within the label of the thread. (Plaintiff’s Proposed Finding of-fact No. step 3.)

cuatro. Part of the bond into the fit (PX step 1) contains a provision going “Indemnity Facing Loss Around Earlier in the day Thread otherwise Plan” and therefore described early in the day bonds awarded by defendant so you can plaintiff energetic Get 15, 1951 (PX dos, 3) that happen to be restored in may 1954 for an additional three year period. These earlier in the day bonds preceded quickly the connection inside suit inside the point of your time, and you may was cancelled since e active. Both of these earlier bonds indemnified plaintiff up against the exact same types of loss while the thread in the suit. Superior for those two early in the day bonds through to their issuance and you can restoration, have been properly reduced by plaintiff so you can defendant (PX 8, nine and 10). The bond inside the match, in the event it try terminated by the defendant into the October step 1, 1958, and a portion of the superior therefor on the amount of $twenty-four, towards several months just after October step one, 1958, was basically gone back to plaintiff.