110 Mich. 156 | Mich. | 1896
This is an action on the official bond of the defendant William Erratt, given on his re-election to the - office of county treasurer, and approved and filed oii the 4th day of January, 1893. A verdict was rendered by a jury in favor of the county in the sum of $11,014.66. Judgment was entered on this verdict, and defendants bring error.
“ The condition of the above obligation is such that, if the said above-bounden William Erratt, and his deputy, and all persons employed in his office, shall faithfully and properly execute their respective duties and trusts, and that such treasurer shall pay according to law all moneys which shall come to his hands as treasurer, and will render a just and true account thereof whenever required by the board of supervisors or by any provisions of law, and that he will deliver over to his successor in office, or to any other person authorized by law to receive the ■same, all moneys, books, papers, and other things apper*159 taming or belonging to said office, then the above obligation to be void; otherwise, to be and remain in full force.”
Can it be said that, because the board of supervisors exceeded its power in authorizing the borrowing of this money, the money did not come into the hands of defendant Erratt as treasurer?' We think not. In Berrien County Treasurer v. Bunbury, 45 Mich. 79, the action was on the official bond of Bunbury as treasurer of the city of Niles. It was contended that the tax rolls of the Second and Third wards were invalid for want of a warrant, and that, as to the money collected on such rolls, the sureties were not liable. The court said:
‘1 The suit is not founded on any default in making collection. Neither is it an action against delinquent taxpayers. Its object is to recover from the officer and his -sureties, for the benefit of the State and county, the very money which he, as treasurer, actually received for them, and wholly fails and refuses to account for and pay over. The money went into his hands. He received it in payment of taxes and as money belonging to the public. Whose money is it? * * * It was not his when it was paid and received, and has not become his since. It belongs to the State and county. * * * Whether it went into Bunbury’s keeping by the right hand or the left, on papers regular or irregular, with or without a warrant, makes no difference. Its ownership in equity and his legal responsibility were the same.”
. In the present case, as in Bunbury’s, the owners of the money were ready to part with it to the county on the security given. Whatever the nature of the obligation incurred by the county, the money became the money of the county, and was received by the treasurer as such, and received into the treasury of the county. It came into his hands as treasurer. As was said by Mr. Justice Cooley in Marquette Co. v. Ward, 50 Mich. 177, speaking of a bond of like condition:
“In its terms it could not well be more general. Moneys received officially from any source whatsoever are apparently within them.”
“No matter whether-they [the commissioners] 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.”
See, also, Wylie v. Gallagher, 46 Pa. St. 205; 2 Brandt, Sur. § 522; 24 Am. & Eng. Enc. Law, 893; Mechem, Pub. Off. § 295; Wilson v. Town of Monticello, 85 Ind. 10.
We think it altogether clear that, when it is shown that, moneys have actually come into the hands of the treasurer as treasurer, neither he nor his bondsmen can avoid liability by showing either that irregularities exist in the proceedings by which such moneys were collected, or thap there was no authority to enter into the agreement which resulted in the receipt of the money by the county. It is enough to impose upon the treasurer an active duty that the county has received the money, and thé obligation on the bond exists when the money finds its way into his hands as treasurer. Had the treasurer, on his own motion, and without the concurrence of the supervisors, attempted to borrow money, as in Leigh v. Tay
We find no error in the proceedings, and the judgment will be affirmed.
It was admitted that an item of $1,287.93 had been erroneously charged to the treasurer upon his boots.