Callum v. Hartford Accident & Indemnity Co.

DAVID, J.

Plaintiff is an “innocent bystander” hit by the bullet of a licensed private patrolman, who had fired into the air and over the head of a fleeing suspect who had emerged on the run at 2 a.m. from a closed café protected by the detective agency. Perry sued Devenney, the patrolman, in the su

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perior court. A judgment was entered by stipulation for Perry in the sum of $3,540. The complaint had sought compensatory and punitive damages. The present defendant was not a party to the lawsuit or the stipulated judgment. The present action is brought upon Bevenney’s $2,000 bond, which was written by defendant, under Business and Professional Code, sections 7545, 7546.

Under these code sections, the bond is to be “conditioned for the faithful and honest conduct of the business of private detective by such applicant” (Bus. & Prof. Code, § 7545) and

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‘ every person injured by the wilful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damages suffered by reason of such wilful, malicious or wrongful act.” (Bus. & Prof. Code, § 7546).

These conditions of the bond establish the scope of liability under it, since breach of a condition is what is actionable. One condition here is that there shall be 1 ‘ faithful and honest conduct of the business” but we cannot agree that Business and Professions Code, section 7546, is modified by Business and Professions Code, section 7545, to relate only to wilful, malicious or wrongful acts which result from the unfaithful or dishonest conduct of the business.

(Myles

v.

Meineke

(1948), 82 Ohio App. 126 [78 N.E.2d 917, 918].)

Where “faithful conduct” is required by the terms of a surety bond, everything is “unfaithful” that the law does not permit or excuse.

(Thurston County

v.