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third person whereby he agrees to indemnify the master is valid.

44. The employer is insured against loss resulting from his liability for injuries. The law is liberally construed for the purpose of securing to the insured the protection for which he has paid. Thus, a policy insured an ice company against claims for damages on the part of its employees in all operations connected with the business of ice dealers. This language was declared to cover or include only employees in the operating department. A person, therefore, who was injured while constructing an ice-house was not included in the policy.

A policy was issued restricting injuries to employees engaged in the business of iron and steel works. An employee was injured while engaged in the building department by the fall of a girder. "The general language of the contract," said the court, "is not restricted by anything in the conditions indorsed on the policy or any way made part of it. If the intention was to restrict such language to operations in any particular department, or to any particular branch of the business or to any particular instrumentality used in said business, it was easy to have said so in unmistakable language."

45. A policy indemnifying for injuries to non-employees resulting from accident caused by horse cars, railways, machinery or appliances used in the business of the insured and described in the application, does not include injuries caused by the use of omnibuses, sleighs, etc., as the risk is different. Whether the risk is increased or diminished depends on the circumstances of

the particular case, but the risk in the use of sleighs clearly differs from that in the use of cars.

46. One other form of insurance may be briefly mentioned-fidelity insurance. This is of still more recent origin. Employers are insured against loss caused by the fraud or dishonesty of their employees. "Guaranty insurance," says Justice Wilkin, "is, in its practical sense, a guaranty or insurance against losses in case the person so guaranteed makes a designated default or be guilty of specified conduct. It is usually against misconduct or dishonesty of an employee or officer, though sometimes against a breach of contract. This branch of insurance is so much more modern in origin and development than fire, marine, life and accident insurance that there are few decisions upon the subject; but the business is gradually increasing and is doubtless destined to take an important place in the commercial world. It may be confidently stated that, notwithstanding the comparative absence of specific decisions, the general principles applicable to other classes of insurance are applicable here as well. Thus, the general doctrine of warranty, representation and concealment, as applied to fire, life and marine insurance, is applicable also to the subject of guaranty insurance.”1

Fidelity policies usually provide that the insured shall promptly notify the company of any fraud or dishonesty on the part of the employee. A failure to do this usually prevents recovery.

1People v. Rose, 174 Ill., 310.

BLANK FORMS

BOND

Know all men by these presents, that.. and firmly bound unto.

or to.

..held

in the sum of

. dollars, to be paid to the said.............
certain attorney, executors, adminis-

trators, or assigns.

For which payment, well and truly to be made, ..and.....

bind.

.heirs, executors or administrators, jointly and severally, firmly by these pres

ents.

Sealed this..

year of our Lord, 19.

[blocks in formation]

The condition of this obligation is such, that if the above bounden. .heirs, executors or administrators, shall do well and truly pay or cause to be paid unto the abovenamed.... certain attorney, executors, admin

without

istrators, or assigns, the sum of... fraud or delay, then the preceding obligation to be void, otherwise to remain in full force and virtue.

Sealed and delivered in the presence of (Acknowledgment clause.)

BOND TO EXECUTE A CONVEYANCE

(As in the first form to the*, and then as follows:) The condition of this obligation is such, that if the said

A. B., on or before the..........

...day of....

next ensuing the date hereof, or, in case of his death before that time, if the heirs of the said A. B., within three months next after his decease, if such heirs shall be then of full age, or, if within age, then within three months after such heirs shall be of full age, shall and do, upon the reasonable request, and at the charges of the said C. D., his heirs or assigns, make, execute, and acknowledge, or cause so to be, all and every such deed or deeds, conveyance or conveyances what

soever, which shall be needful for conveying and confirming unto the said C. D., his heirs and assigns, a good, absolute and indefeasible estate of inheritance in fee-simple, clear of all encumbrances, of and in a certain messuage, etc., with the appurtenances; and if, in the meantime, and while and until the same deed or deeds shall be executed, the said A. B., his heirs and assigns, shall and do permit and suffer the said C. D., his heirs and assigns, peaceably and quietly to have, hold, and enjoy the same messuage and tract of land, then the above obligation to be void, or else it shall be and remain in full force and virtue.

A. B. (L. s.)

BOND FOR PAYMENT OF MONEY AT DIFFERENT TIMES

(As in the first form to the*, and then as follows:)

The condition of this obligation is such, that if the abovebounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators, or assigns, the just and full sum of $1,000, lawful money, as aforesaid, in manner following, to-wit: $300 part thereof, on the... .day of.... next ensuing the date hereof; $300 more thereof on the... day of... the next following; and $400, the residue, and in full payment thereof, on the.. day of..... which will be in the year of our Lord, 1900; then this obligation to be void; but if default shall be made in payment of any or either of the said sums on the days and times herein before mentioned and appointed for payment thereof, respectively, then this bond shall remain in full force and virtue.

A. B. (L. s.)

BOND OF INDEMNITY TO A SURETY IN A BOND

(As in the first form to the*, and then as follows:)

The condition of this obligation is such, that whereas the above-named C. D., at the special instance and request of

the above-bounden A. B., and for his debt, together with and as well as he, the said A. B., are held and firmly bound unto one G. H., in and by an obligation bearing even date herewith, in the penal sum of $3,000 conditioned for the true payment of $1,500, according to the terms and conditions therein expressed, if, therefore, the said A. B., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named G. H., his executors, administrators, or assigns, the sum or sums in the said bond mentioned, and at the time when they respectively become due, in the discharge of the obligation; and shall from time to time, and at all times hereafter save, defend, and keep harmless, and indemnify the said C. D., his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, costs, and damages, for or by reason thereof; then this obligation to be void, or else to remain in full force and virtue.

A. B. (L. s.)

BOND OF INDEMNITY ON PAYING LOST NOTE

Know all men by these presents, that we, C. D. and M. N., are held and firmly bound unto E. F. and G. F., in the sum of $1,000, lawful money of the United States of America, to be paid to the said E. F. and G. F., their executors, administrators, or assigns; for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals. Dated this.. of..

19. ...

.day of..

........day

Whereas, the above-named E. F., by his promissory note, signed by him for the said G. F., his father, dated the ., 19...., did promise to pay unto Y. Z., or order, $400, sixty days after date, for value received; and such said note was afterward indorsed by the said Y. Z. and others, and became the property of A. B., of Rome, as the said Á. B. avers; and, whereas, the said A. B. alleges he sent the said note by the mail, on the

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