Title
Northcott vs. Canon
Case
G.R. No. 10001
Decision Date
Sep 3, 1915
Sureties not liable for personal advances or company expenditures under fidelity bond; liability limited to funds directly controlled by agent.
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Case Digest (G.R. No. 10001)

Facts:

Parties Involved:

  • Plaintiff and Appellant: John Northcott
  • Defendants and Appellees: A. S. Canon and his sureties

Background:
The case revolves around the liability of the defendant sureties on the fidelity bond executed by A. S. Canon, who was appointed as an agent for the West Coast Life Insurance Company. The bond required Canon to faithfully account for and pay to the company all moneys, securities, and things of value that came into his possession or control, whether by way of advances or otherwise.

Key Facts:

  1. Advances to Canon: The company advanced sums of money to Canon against his future unearned commissions. These advances were made under a general agreement that they were for his personal use and were to be repaid out of his earnings.
  2. Expenditures by the Company: The company incurred certain expenditures, primarily medical fees paid to medical examiners, which the company claimed the right to deduct from Canon's earned commissions.
  3. Bond Provisions: The bond guaranteed that Canon would faithfully account for and pay to the company all moneys or property of the company that came into his possession or control, whether by way of advances or otherwise.

Issue Raised:
The central issue was whether the sureties on Canon's bond were liable for the advances made to him and the expenditures incurred by the company in connection with his agency.

Issue:

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Ruling:

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Ratio:

  1. Scope of the Bond: The bond only guaranteed that Canon would faithfully account for and pay to the company moneys or property that came into his possession or control. It did not extend to personal loans or expenditures incurred by the company.
  2. Nature of Advances: Advances made to Canon for his personal use ceased to be the property of the company once they were made. The sureties were not liable for such advances unless there was a specific agreement requiring Canon to account for and return any unexpended balance.
  3. Expenditures by the Company: The expenditures incurred by the company did not fall under the scope of the bond, as they were not moneys or property that came into Canon's possession or control.
  4. Intent of the Bond: The bond was intended to secure the faithful accounting for and payment of the company's funds, not to guarantee the successful conduct of the agency or the payment of any indebtedness Canon might incur.

The court emphasized that the sureties' liability was limited to the specific terms of the bond and did not extend to personal loans or company expenditures unrelated to Canon's possession or control of company funds.


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