Berry v. Linn County

Ezra Berry was elected treasurer of Linn County for a four-year term beginning in 1941. He also became ex officio Collector of Revenue for the county for the same term. He furnished an official bond for each office as required by law. The bonds were executed by a surety company. Over the four years the premiums were paid by Berry annually. For both bonds the premiums aggregated the sum of $1,700. In this suit he seeks to recover that sum from the county. He lost in the circuit court and has appealed.

Berry relies on Section 3238 R. S. 1939, Mo. R. S. A. which provides in part that whenever any…