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SECRETARY OF STATE v. HANOVER INS. CO.

242 Or. 541 (1966)

411 P.2d 89

SECRETARY OF STATE v. HANOVER INSURANCE COMPANY

Supreme Court of Oregon.

Reversed and remanded February 9, 1966.

Attorney(s) appearing for the Case

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Asa L. Lewelling, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, GOODWIN, HOLMAN and SCHWAB, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The state brought five causes of action upon a fidelity bond and appeals from an adverse judgment entered upon a directed verdict.

The issue upon trial was whether certain officers, admittedly covered by the defendant's bond, had caused the state "a loss of money * * * through any failure of official duty * * *," which was the condition of the bond.

While the state, as plaintiff, has the ultimate burden of...

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