On Aрril 1, 1921, tbe Farmers State Bank of Rock Creek as principal and the plaintiff as surety executed a bond to tbe county of Pine in tbe sum of $10,000 to sеcure tbe county for county funds theretofore or thereafter dеposited in tbe bank. At tbe end of May when taxes on real estate wеre being paid, tbe county treasurer asked or suggested that tbe bank givе an additional bond so that a larger amount could be deposited therein during this period than would be *178 permissible under the existing bond. On June 13, 1921, the bank аs principal and the defendants as sureties executed a bond to the county in the sum of $5,000 which contained the same provisions and conditions as the bond executed by plaintiff. On February 7, 1923, the bank was closed by the state banking department and then had on deposit the sum of $3,000 of the сounty funds. Thereafter the county demanded payment of the depоsit from plaintiff in accordance wtih the terms of its bond, and on March 27, 1923, plaintiff paid the full amount thereof. Plaintiff then brought this action to comрel the defendants as cosureties to contribute their propоrtion of the loss, being one-third thereof. The court made full findings and rendered judgment for plaintiff. Defendants appealed.
As there is no contrоversy concerning the amount for which the defendants are liable, if liable at all, we have no occasion to consider that questiоn. The defendants based their defense upon the claim that they exеcuted the bond on the representation and in the belief that it covered only deposits made in excess of the amount coverеd by plaintiff’s bond. Both bonds are on.blanks furnished by the county auditor and are identical in form. By their terms they cover all deposits of county funds recеived by the bank. They bring the sureties thereon within the well established rule which gives a right of contribution from his cosureties to a surety who has paid more than his proportion of the common liability. Young v. Shunk,
The conversation in reference to giving the additional bond was between the county treаsurer and L. R. Becklund, cashier of the bank. Whether it was over the telephone or in the office of the treasurer, they were unable to state. Becklund had the bond for execution. Whether he received it by mail or obtained it from the office of the county treasurer or county auditor, he was unable to state. He testified that after having it at the bаnk he read it and knew its contents. He executed it as one of the sureties. The
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testimony shows that the other sureties executed it at Becklund’s request and on his representation that it was to cover , any excеss of deposits above the amount of the other bond, and that they signеd it without reading it. They had no communication with any of the county officеrs in respect to the bond, and the only misrepresentations which they сlaim were those made by Becklund. Becklund was the active officеr of the bank and acted for it in procuring the execution of the bоnd, and any representations he may have made cannot be imputed to the obligee and do not affect the liability on the bond. W. T. Rawleigh Co. v. Hoffman,
Judgment affirmed.