UNITED STATES F. & G. CO. v. FIRST NAT. BANK OF FT. MORGAN

No. 19549.

364 P.2d 202 (1961)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff in Error, v. FIRST NATIONAL BANK OF FORT MORGAN, a National Banking Corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied September 5, 1961.


Attorney(s) appearing for the Case

Hodges, Silverstein, Hodges & Harrington, Denver, for plaintiff in error.

Geo. A. Epperson, Donald F. McClary, David L. Roberts, Fort Morgan, for defendant in error.


MOORE, Justice.

We will refer to plaintiff in error as Guaranty Co. and to defendant in error as the Bank.

The action was commenced by the Bank against Guaranty Co. and the prayer of the complaint was that judgment enter in favor of the Bank for the sum of $2,604.71 allegedly due under the terms of a bond issued to it by Guaranty Co. This bond covered the Bank (among other matters not here pertinent) against the following losses:

"(E) Any loss through...

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