146 Iowa 707 | Iowa | 1910
The plaintiff is the county treasurer of Hancock County, Iowa, and at the time of the transactions in controversy the First State Bank of Corwith was a corporation engaged in the banking business at the town of Corwith, in said county. On February 8, 1907, the board of supervisors of Hancock County by resolution duly adopted designated said bank as a depository of public moneys, and authorized the treasurer to make deposits
The condition of the above obligation is such that, whereas by a resolution of the board of supervisors of said Hancock County adopted in accordance with the provisions of section 1457 of the Code of 1897 and amendments thereto, on the - day of-, A. D. 1907, and duly entered of record as by law required, the said A. B. Sawyer, as treasurer of said county, was permitted to deposit state, county, and other public funds in the hands of the said treasurer, to the amount and sum of twenty thousand dollars, and not more, in the First State Bank of Corwith, upon its compliance with the provisions of said section 1457, aforesaid, and the laws of Iowa; whereas the said treasurer of said county has selected and designated the said First State Bank of Corwith, Iowa, as a depository of said public funds to the amount aforesaid, according- to said resolution. Now, if the said First State Bank shall render a true account to said A. B. Sawyer as treasurer of said county or to the proper authority, whenever required by said.officer, or by law, and promptly pay over to said A. B. Sawyer as treasurer of said county, or to the person or persons authorized by law to receive the same, whenever demanded and demand is made therefor, or the same may be needed, all of said deposists and sums of money, now or hereafter placed in said bank or left with the said First State Bank, or under its care or control by said treasurer, and any and all balanc.es or part of said money whenever needed or demanded, as aforesaid, and shall hold the said treasurer making said deposits and the said county harmless from all loss and damage by reason of the making of such deposits and shall fully comply with all the provisions of the laws in relation thereto, then this obligation to be void, otherwise in full force.
The . exceptions taken and errors assigned • are very numerous, and counsel have exercised distinguished ability and industry, as well as ingenuity, in the development of their respective theories and in the collation and discussion of authorities supposed to bear upon the law of the case. To attempt to follow them closely and review the
It may be true, and probably is true, that these de
It will not do to say, as do counsel, that the money first deposited should be treated as the personal private deposit of the plaintiff, and therefore the withdrawals by him as county treasurer ought not to be credited thereon. It was a deposit by him as county treasurer and received by the bank as such, and,, even though made without authority* it constituted a demand in favor of the county. Such being the case, the objection made in argument to the relevance of the law governing application of payments can not be upheld.
It would be folly, in view of the well-known methods by which such business is carried on and the intimate relation existing between the bank and its sureties, to suggest the possibility that the parties did not intend the bond to secure a .proper accounting for moneys so received. The receipts represented cash for which the plaintiff as treasurer was bound to account, and under the
VI. Error is assigned upon the ruling of the trial court striking from the files a cross-petition, also upon the admission of certain testimony offered by the plaintiff. Some of the’ points -made are governed by the conclusions already announced, and in none do we find any reversible error.
The judgment of the district court is affirmed.