GENERAL INS. CO. v. DYER

No. 946-1.

7 Wn. App. 411 (1972)

499 P.2d 910

GENERAL INSURANCE COMPANY OF AMERICA, Respondent, v. ELSPETH S. DYER, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

July 24, 1972.


Attorney(s) appearing for the Case

Alfred McBee, for appellant.

Zylstra & Pitt and Ted D. Zylstra, for respondent.

Slade Gorton, Attorney General, and Donald Foss, Jr., Assistant, amici curiae.


WILLIAMS, J.

This action was brought by a surety against its principal to recover for payments made on the surety bond. The trial was to the court, without a jury, and resulted in a judgment in favor of the surety. The principal has appealed.

The facts essential to be stated are these: Elspeth S. Dyer was elected treasurer of the town of Oak Harbor. Her fiduciary bond was written by General Insurance Company of America. During her tenure in office, she embezzled...

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