Fidelity & Deposit Co. of Maryland v. Montana

This is a suit on a public warehouseman’s bond. From a judgment against it in the penal sum of the bond the defendant appealed.

The facts not in dispute may be summarized as follows:

From August, 1929, to July, 1931, Chatterton & Son, a Michigan corporation, conducted a warehouse at Billings, Mont., for the storage of beans. The concern operated extensively throughout the country, having its home office in Michigan. The handling and warehousing of beans was the principal business of the corporation. One R. J. Healow was its local manager at Billings.

In December, 1929, Chatterton & Son made application to appellant for a public warehouseman’s bond. The application was on a form containing numerous blanks designed to elicit information concerning the assets of the applicant, the nature of its business, and the character óf the bond required. None of the blanks was filled out except those intended to supply the name and location of the applicant, the amount of the bond, the name of the party to whom it was to be given, and the nature of the guarantee. As to the last, the application merely stated that the bond required was a public warehouseman’s bond to the State of Montana, the…