Robinson v. Aetna Cas. & Sur. Co. of Hartford, Conn., 13786.

• Decision Date: 27 July 1936
• Docket Number: 13786.
• Citation: 99 Colo. 150,60 P.2d 927
• Parties: ROBINSON v. AETNA CASUALTY & SURETY CO. OF HARTFORD, CONN.
• Court: Colorado Supreme Court

60 P.2d 927

99 Colo. 150

ROBINSON v. AETNA CASUALTY & SURETY CO. OF HARTFORD, CONN.

No. 13786.

Supreme Court of Colorado

July 27, 1936

Rehearing Denied Sept. 21, 1936.

In Department.

Error to District Court, City and County of Denver; George F Dunklee, Judge.

Action by Harry W. Robinson against the AEtna Casualty & Surety Company of Hartford, Connecticut. To review a judgment for defendant, plaintiff brings error.

Affirmed.

Harry W. Robinson, of Denver, F. L. Collom, of Idaho Springs, and John F. Mueller, of Denver, for plaintiff in error.

Smith Brock, Akolt & Campbell, John P. Akolt, and Karl F. Crass all of Denver, for defendant in error.

BUTLER Justice.

Harry W. Robinson sued the AEtna Casualty & Surety Company of Hartford, Conn., to recover on a bond. The court rendered judgment on the pleadings in favor of the AEtna Company, and Robinson seeks a reversal of the judgment.

Chain O'Mines is a corporation. Part of its business consists in buying and treating ores at its mill in Gilpin county. It obtained a license, as required by section 3366, Compiled Laws of 1921, and furnished the required bond, the AEtna Company being the surety thereon. Robinson's assignors sold ore to Chain O'Mines at an agreed price, and, upon failure of the corporation to pay the agreed purchase price, assigned their claims to Robinson, who sued thereon and obtained judgment for $1,861.88. Execution was placed in the hands of the sheriff, and he returned the same wholly unsatisfied. Thereupon Robinson sued the AEtna Company on the bond.

In 1915 an act (Laws 1915, p. 347) was passed 'to regulate the business of milling, sampling, concentrating, reducing, purchasing and receiving for sale ores, concentrates and amalgams, bearing gold or silver, gold dust, gold and silver bullion, nuggets and speciments.' Section 1 (C.L. § 3366) makes it unlawful to engage in the business (with certain exceptions) without first procuring a license. Section 3 (C.L. § 3368) requires the giving of a bond conditioned that the obligor will not violate any law relating to such business, and provides: 'If any person shall be aggrieved by the misconduct of any such licensee through his violation of any law relating to such business, and shall recover a judgment therefor, such person may, after a return unsatisfied in whole or in part of any execution issued upon said judgment, maintain an action in his own name upon such bond herein required in any court of competent jurisdiction.'

The bond sued upon is conditioned as follows: 'Now, therefore, if the said principal shall faithfully observe and comply with all the requirements of the Act of General Assembly of Colorado entitled [giving title in full] approved April 12, 1915, and shall not in any manner violate any law relating to such business, then this obligation shall be void, otherwise to remain in full force and effect.'

No provision of the act of 1915 was violated; but it is said that Chain O'Mines violated section 3356, Compiled Laws of 1921, which provides: 'The owner, manager or agent of any species of quartz mill, arastra mill,...