Hogg v. American Credit Indemnity Co.
Hogg v. American Credit Indemnity Co.
Opinion of the Court
This is an action upon a bond of indemnity, within certain limits, against loss resulting from insolvency of debtors, as afterwards defined, “ on their total gross sales . . . amounting to $120,000 or less; said sales ... to be made between the 15th day of June, 1896, and the 14th day of June, 1897, both days inclusive.” The bond was “to expire on the
. As we are of opinion that the defendant must prevail upon this ground, we do not go into details which are unnecessary for the discussion of this point. We fully appreciate the great probability that a business man reading the contract without warning might understand that he was getting the protection which the plaintiffs claim. We appreciate the small worth or worthlessness of the bond for sales made during the last part of the term covered, when we consider the definition which it gives for the term “ insolvency of debtors ” as used in the bond.
By the fourth condition, “ Notifications of claims must be delivered to this company . . . within ten days after the indemnified shall have had information of the insolvency of any debtor, and must be received at the central office of the company at St. Louis, Mo., during the term of this bond, otherwise such claims
Judgment affirmed.
The bond contained the following provision: “ The term insolvency of debtors -whenever used in this bond is defined to be: where a debtor has made a general assignment for the benefit of his creditors; where an attachment for a debt for merchandise shall have been levied on his general stock in trade; where a writ of execution against him shall have been issued in favor of the indemnified, and returned unsatisfied, except where such execution has been so issued and returned after a receiver has been appointed of the property of such debtor ; where a receiver of the general stock in trade of a debtor shall have been appointed and the amount of the claim of the indemnified has been ascertained by final decree, in the receivership proceedings, in which event the net loss thus ascertained shall be included in the calculation of losses under this bond.”
The length of time for which the notes were given did not appear, but it did appear from the declaration that the period of credit was extended by renewals from time to time during a full year from the date of sale, “ the last renewal notes falling due in June and July, 1897.”
Reference
- Full Case Name
- William J. Hogg & another v. American Credit Indemnity Company
- Status
- Published