87 Ind. 323 | Ind. | 1882
The controlling questions in this case are presented by the special finding. We extract from the finding the material facts as follows: The appellee is a corporation organized under the act concerning building and loan
We do not think that the fact that the money was paid at other times than weekly corporate meetings entitles the appellants to avoid liability on the bond. As we have seen, the money was received by Eastham as the money of the corporation, and under color of his position of secretary, if, indeed, not in strict right as secretary, and his sureties are liable, although there may have been some irregularity as to the time when it was received. .The general authority to receive assessments from the members was conferred upon him, and the fact that he received it at a different time than a weekly corporate meeting, or the fact that the proceedings were not regular in form, does not deprive the corporation of the right to call him to account, nor does it take his act in receiving it and making entries upon the corporate books and the pass-books of the members out of the general scope of his duties as secretary. The bond covers the general duties assumed by him, and is not
. Where an officer or an agent executes a bond conditioned in general terms for the faithful performance of his duties, it extends to and covers all acts done within the general scope and authority of the officer or agent. It was upon this principle that it was held in Widener v. State, ex rel., 45 Ind. 244, that a j ustice of the peace who receives a note for collection, and collects it without suit, is liable upon his bond for the failure to pay over the money so collected. Upon the same theory proceed those cases which hold that a bank cashier and his sureties are liable upon the bond for failing to pay over money received for deposit upon the street, or at some other place than the bank. Pendleton v. Bank, 1 T. B. Monroe (Ky.) 171; Melville v. Doidge, 6 Man. G. & S. 450; Rochester City Bank v. Elwood, 21 N. Y. 88; German Am. Bank v. Auth, 87 Pa. St. 419; S. C., 30 Am. R. 374; Watertown F. Ins. Co. v. Simmons, 41 Am. R. 196.
.Judgment affirmed.
Petition for a rehearing overruled.