Montana Life Ins. v. American Surety Co. of New York

(after stating the facts as above). The plaintiff assigns as error that the court refused to adopt as its own the plaintiff’s requested findings of fact, in substance, that on September 28, 1922, the defendant by its letter of that date advised the plaintiff that it would consider the giving of a new bond on said bank on November 1, 1922; that on November 1, 1922, the plaintiff, presented to defendant its application for the issuance of a bond in the sum of $9,000 on said bank to secure the plaintiff’s moneys therein; that it was then known and understood by the defendant that the plaintiff’s demands for the payment of its moneys and funds had not been complied with, because of want of funds in the bank with which to pay the same, and that any attempt on plaintiff’s part to enforce payment would result in the closing of the bank; and that at the request of the defendant on November 1, 1922, in order to enable it to consider the plaintiff’s application for a new bond, the plaintiff refrained from action to enforce payment of -its funds, and that two weeks later thp defendant declined and refused to furnish a new bond. Error is also assigned to the finding that the plaintiff had…