Thompson

This is ail appeal from a judgment of the District Court in favor of the United States Fidelity & Guaranty Company, appellee, hereinafter called the Company, and against G. D. Thompson, as receiver of the Twin Falls National Bank, a national banking corporation, appellant, hereinafter called the Bank.

The Bank sued the Company upon a guaranty bond on the conduct of the Bank’s cashier, J. E. Keefer, by which the Company agreed to reimburse the Bank for such pecuniary loss it might sustain “by reason of the fraud, or dishonesty of said Employe in connection with the duties of his office or position, amounting to embezzlement or larceny.” The Company demurred, the demurrer was sustained, and judgment entered for the Company.

Failure of the Bank to comply with various provisions of the bond with respect to notice are relied upon by the Company, but it is unnecessary to consider them because, even if notice had been given, it would have been notice of facts bringing the claim within the following provision of the bond: “Second, That the Company shall not be liable, by virtue of this Bond, for any act or thing done or left undone by the Employe, in obedience to, or in pursuance of any…