National Surety Co. v. Sheridan County, Mont.

This is an appeal from a judgment for $116,579.25, entered against appellant on October 25, 1928. The appellees, plaintiffs below, are a Montana county and its treasurer. The claim in suit was for a loss of county moneys and securities of which the treasurer alleged he was robbed at his office about 5:45 o’clock in the afternoon of November 30, 1926, and the loss of which appellees claim was covered by two robbery and burglary policies of insurance issued by appellant to the treasurer on November 6, 1926. That the policies were valid and in foree upon the date of the alleged robbery admits of no doubt, and it is conceded that under the verdict of the jury the question whether a robbery was committed, and the further question of the amount stolen, are not within the scope of our review. Nor is it disputed that such money and securities as were lost belonged, absolutely or qualifiedly, to the county and were in the treasurer’s official custody.

We are of the opinion that the county was a proper, though not a necessary, party plaintiff. By its contract appellant did not directly insure the county, but it did insure “Eng Torstenson, treasurer of Sheridan county, Montana,” and…