
    No. 931
    FIDELITY & DEPOSIT CO. v. SWINEHART RUBBER CO.
    No. 20033.
    Supreme Court
    On motion to certify.
    Dock. July 31, 1926;
    4 Abs. 525.
    167. BONDS (Surety) — Is surety co-liable upon a bond issued to one listed as “stock clerk” when said person rents his own warehouse to employee with instructions to sell all he can?
    Attorneys — Naef & McIntosh for Deposit Co.; Nelan E. Walsh for Company; all of Akron.
   The Fidelity Co. contends in the Supreme Court that it should not be liable upon a bond issued to cover an employee listed as “stock clerk” when said clerk in truth was renting his warehouse to employer with instructions to sell as much as possible.  