Legler v. United States Fidelity & Guaranty Co.
Legler v. United States Fidelity & Guaranty Co.
Opinion of the Court
All the provisions of a contract must be' construed ■ together in determining the meaning and intention of any particular 'clause or provision therein. The provisions in a surety, bond, .in reference to the employer’s statement in the ap
In view of this provision of the bond following the provisions first quoted, it appears that it was the intention of the parties, clearly expressed in this clause, that where the default-of the employe at any former period is not within the knowledge of the employer, and that the questions answered are- truthfully answered so far as his knowledge is concerned, the fact that such employe at a former period had been a defaulter would be no defense to a suit upon the bond, unless it further appears that such statements were intentionally false or were recklessly or negligently made without any reasonable grounds on the part of the employer to believe that said statements were true, and without reasonable effort on his part to make use of the means at hand to discover the truth or falsity of the statements.
Judgment of the common pleas court sustaining demurrer to reply and amendment thereto and the judgment of the circuit court affirming the judgment of the common pleas court are reversed, and cause remanded to the common pleas court with directions to overrule the demurrer to the reply and amendment thereto.
Judgments reversed.
Reference
- Full Case Name
- Legler, Admr. v. The United States Fidelity & Guaranty Co.
- Status
- Published
- Syllabus
- Surety bond—Suit to enforce—Defense of knowledge by employer —Of previous default by employe.