46 Pa. 452 | Pa. | 1864
The opinion of the court was delivered, February 4th 1864, by
That the surety of a defaulting county treasurer is liable for moneys that came into the treasurer’s hands
Upon these general principles of the relation, we held the surety liable in that case, and they are equally decisive against the sureties here. We did not put that case upon the conclusiveness of the auditor’s report unappealed from; nor do we rest our judgment in this instance on that ground, though perhaps we might do so with safety. We certainly do not mean to say that the learned judge erred in giving the report the same effect against the surety which it was entitled to have against the principal. But independently of that, upon the general law of suretyship, we hold such a defence as was attempted here quite inadmissible. We think the 2d, 3d, and 4th points of the defendant below were very properly answered.
The county commissioners are the contracting power and the. fiscal agents for the county. No matter whether they have or have not legal authority to borrow money by issuing scrip, or any other form of security, if they do it and bring the money into the county treasury, the treasurer is bound to keep it and disburse it according to law, and if he fails in this duty his sureties are liable on the official bond. Eor what else, indeed, are sureties required than to answer for official defaults of the principal ? And what default of the principal can be more palpable than a failure to account for moneys actually received ? Is it any defence for him, that the commissioners transcended their legal powers in obtaining the money ? If they borrow money on
These questions answer themselves, and if such defences would be preposterous when set up by the treasurer in defence of himself, they are scarcely better for his surety. In no class of obligations is it so important as in official bonds to maintain the principle, that the surety’s obligation is coextensive with that which the bond imposes upon the principal.
The judgment is affirmed.