79 Neb. 424 | Neb. | 1907
The defendant Daniel J. Cronin was treasurer of the plaintiff county, and the defendant United States Fidelity & Guaranty Company surety on his official bond. The case is in this court on an appeal from the judgment of the district court sustaining a demurrer to plaintiff’s petition and dismissing the action.
It appears from the petition that certain banks in Holt county had been properly designated as depositories of
The allegations of the petition with reference to this deposit are as follows: “That the defendant Daniel J.
In view of the large amount of funds in the hands of the defendant treasurer, and of the ordinary and usual method of transacting the business of the office, we do not think that the single fact of his having $1.184.74 on deposit in a depository at the county seat in excess of the pro rata share to which the bank Avas entitled is of itself sufficient to render him liable on his official bond. There is no charge of bad faith. The circumstance is one which might easily occur, and probably does arise, in the conduct of the affairs of the office of the county treasurer of every county in the state. To avoid an infraction of the letter of the provisions of section 18 would require the
The judgment of the district court was right, and we recommend that it be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.